Author Topic: subpoena's  (Read 3822 times)

rdmoore2003

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subpoena's
« on: March 04, 2011, 06:51:42 PM »
Does anyone have ideas on getting payments for when our providers are subpoened to court for testimony?   Example:  my provider, medical psychologist, has been subpeoned time and time again.   When it comes directly from the court, we always have issues getting payments.   The courts wants him to be on call and he has to cancel his appts for 2 or 3 days in a row.  When we give them the charges, they want to get out of it by saying our account does not have that much, etc...  can collections be done on this?   I need help on this one.    Any suggestions, would be great.  We have tried everything, (it seems)

DMK

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Re: subpoena's
« Reply #1 on: March 04, 2011, 07:23:33 PM »
I can only respond with our experience and advice that we received.  When asked to testify, give an hourly rate and they have to tell you how long they will need you.  They should have a check for the doctor when he/she arrives to give testimony.

My doc has been asked to testify on personal injury and worker's comp cases, so somebody has the money to pay for the testimony.  I can not speak to being subpoenaed by the court itself.  He/she should be paid for their time.  We charge $250 p/hour.  And he's a chiropractor.  Your psyche doc should get more!

PMRNC

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Re: subpoena's
« Reply #2 on: March 04, 2011, 07:33:39 PM »
Well, you cannot ignore a subpoena no matter what. And actually no they don't have to pay you. How it works for us is that we have a contract with whomever orders the IME or consult. Testimony is not always by subpoena and more of a scheduled testimony. The testimony is included in the fee for the IME. If it's expert testimony w/out treating patient then it's fee we seek from the attorney/DA's office. But again..this is much different than receiving Subpoena which you cannot ignore or disregard at all.  Are you getting that many of them?
Linda Walker
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rdmoore2003

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Re: subpoena's
« Reply #3 on: March 07, 2011, 01:53:12 PM »
Not alot, but enough.    I HATE subpoena's because they dont give you much notice and most of the time it is wasted because the provider is there, but doesnt get called.   When he gets one of these, its a set full day amount.   
However, if its say, a sanity or he is called to court by someone else,  could we do it this way:  when patient comes in for eval, can we go ahead and add to the cost for any "possible court testimony"?

PMRNC

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Re: subpoena's
« Reply #4 on: March 07, 2011, 08:54:09 PM »
Quote
However, if its say, a sanity or he is called to court by someone else,  could we do it this way:  when patient comes in for eval, can we go ahead and add to the cost for any "possible court testimony"?

I'm going to say you will want to check with their policy.. if it's say a WC case, for example, they will have a fee schedule set for such things.. If he's doing IME's..than there also might be some payment compensation. 

If he is getting actual subpoena's though..enough to be causing a financial burden.. I think I'd want to know why? LOL  Just saying!  ??? :o  I really can't see how you could charge patient for this. A subpoena leaves you NO means to negotiate since paying for appearance would be a huge conflict of interest!  Expert testimony is different, the provider usually has a heads up on when they are needed and they can be compensated because they are not paying him for speaking for either side., just his expert testimony. I had a provider who got entangled in a 4 month court battle (criminal case) to which he was subpoena'd  to testify about a patient. He literally lost weeks of income and none of it was reimbursable. 
Linda Walker
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Medical Billing Forum

Re: subpoena's
« Reply #4 on: March 07, 2011, 08:54:09 PM »

rdmoore2003

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Re: subpoena's
« Reply #5 on: March 08, 2011, 05:27:59 PM »
generally, the subpeona's are from the court or attorney.   they subpeona him for expert testimony and sometimes like last week, he was subpeonad by court on a murder case and he had to do full eval on the accused.     I agree that you never bill the patient.

PMRNC

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Re: subpoena's
« Reply #6 on: March 09, 2011, 01:19:26 PM »
Expert testimony is not same as testimony based on his eval.  If he evaluated the patient, the provider should have been compensated by either the patient, insurance or the attorney (usually they deduct the fees / expenses from their legal fees to their client)  That would be the only fee collectible ..  having agreed to the evaluation is indeed inclusive and expecting of court testimony.   EXPERT testimony is for example when a physician is called to provide THEIR expertise on a particular CASE, it is not personal nor has the provider evaluated the patient or that testimony would be for the defense. See what I mean?

When my mental health provider sees a patient for a court appointed evaluation for example: We send out a request for a LOP (Letter of protection) which basically states that the attorney will compensate my provider for this evaluation and anything included either upon case resolution or before. It's a promise of payment. I have one who actually used to be a professional forensic psychiatrist, he actually now has his own private practice and though he still does testimony, he will request the promise of payment from the attorney in writing.

Don't confuse expert testimony with actual testimony, they are different. A provider called to give "expert" testimony will have a heads up a subpeona is coming and they have already agreed to it.
Linda Walker
Practice Managers Resource & Networking Community
One Stop Resources, Education and Networking for Medical Billers
www.billerswebsite.com

rdmoore2003

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Re: subpoena's
« Reply #7 on: March 10, 2011, 02:30:32 PM »
thanks so much for the info.

Medical Billing Forum

Re: subpoena's
« Reply #7 on: March 10, 2011, 02:30:32 PM »