Patients co payments credit balances

[cflorez]

I work for a Chiropractic office. This doctor collects co payments on most patients. He usually doesn't check insurance at the first visit.
So many times the patient doesn't require a payment. So there is a credit on the patients books. He doesn't return any of the credit balances to the patients. I am surprised that most patients don't even look at their EOB's to determine that  they over paid. The doctor doesn't return any of the credit balances. He said if they don't ask he wont return the money. Isn't this Illegal? I am in California. If this is not legal where can I find the article or law on this.

[PMRNC]

It wouldn't be legal to keep money that isn't yours. That would be all this doctor needs to know he's breaking the law. Just as a patient not paying their out of pocket is "theft of service" keeping a patient's money is also theft.  I can't see where you will find this specifically, therefore I would just tell the provider he must return the credit as due. As side note, let him know you don't appreciate being a party to deceptive practices as you would be culpable.  What I would do is run patient statements so they reflect the credit balance and let the calls begin.

[cflorez]

Thank you for that information. I new it was illegal but couldn't find a specific law on this. But your right. Bottom line its just theft.