If a pain clinic did not get prior authorization before doing a procedure on my husband and our insurer hasdenied the claim, are we still responsible?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a pain clinic did not get prior authorization before doing a procedure on my husband and our insurer hasdenied the claim, are we still responsible?

My husband had a nerve ablation done (it didn’t help) and he straight out asked them if they were going to get the prior authorization and they told him yes because he told them he did not want the procedure if the insurance was not going to pay. Well we got the EOB and the pain clinic did not get prior approval and now our insurer has denied the claim. I spoke with the insurance company and they told us not to pay it; it is not our responsibility. The pain clinic tried to get a retroactive authorization 6 months after the procedure and it was denied. Now they have sent us to collections. Can they do that since they are the ones that dropped the ball?

Asked on January 21, 2012 under Bankruptcy Law, West Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, the pain clinic ran a scam and it didn't work. So now what you need to do is pull your credit reports from all three agencies because you get one free from each per year. See if it is on there. If it is, file a dispute of fraud and lack of medical authorization with the agencies so this can be taken off of your reports. If it is not on there, immediately contact the state medical board that licenses them and file a claim of fraud with the state attorney general and assault with the police. They touched your husband essentially without his permission since the condition of permission was based on insurance approval. In hindsight and for future purposes, you cannot rely on the statements by medical professionals or office staff to ensure you received insurance approval.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption