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Recourse for negligent billing service costing our practice thousands!?

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PMRNC:
As someone else mentioned you should DEFINETLY consult an attorney. Having a lot of experience with contracts however, if you have determined a "Breach" of contract by the billing company than you can deem the contract ended based on that breach..However it's not quite that simple.. Depending on the contract you may or may not have a right to access their system, this is where it gets sticky. Your smallest issue is whether to let them continue for the 30 days, the bigger issue is going to be the transition. I can't really be more specific without actually seeing the contract. I am a paralegal and contracts is sort of my specialty so if you would like to forward it to me I can better guide you (Disclaimer however being I am not an attorney)

Billing companies like that give us a bad name  >:( as Michelle said, and I too have seen it go both ways. I've actually seen more deliberate fraud and abuse IN house but in taking over for other billing companies I notice more Errors.
Someone mentioned E&O insurance.. In a perfect world, however as I have come to learn over the years no matter how much I preach this or discuss this or stress it.. Most billing companies don't put out the money for E&O.

Good luck!!

Linda Walker
PMRNC
www.billerswebsite.com

Pay_My_Claims:

--- Quote from: PMRNC on April 23, 2009, 07:38:50 PM ---As someone else mentioned you should DEFINETLY consult an attorney. Having a lot of experience with contracts however, if you have determined a "Breach" of contract by the billing company than you can deem the contract ended based on that breach..However it's not quite that simple.. Depending on the contract you may or may not have a right to access their system, this is where it gets sticky. Your smallest issue is whether to let them continue for the 30 days, the bigger issue is going to be the transition. I can't really be more specific without actually seeing the contract. I am a paralegal and contracts is sort of my specialty so if you would like to forward it to me I can better guide you (Disclaimer however being I am not an attorney)

Billing companies like that give us a bad name  >:( as Michelle said, and I too have seen it go both ways. I've actually seen more deliberate fraud and abuse IN house but in taking over for other billing companies I notice more Errors.
Someone mentioned E&O insurance.. In a perfect world, however as I have come to learn over the years no matter how much I preach this or discuss this or stress it.. Most billing companies don't put out the money for E&O.

Good luck!!

Linda Walker
PMRNC
www.billerswebsite.com

--- End quote ---

question.......how much responsibility (legally) does an in house biller have for the provider she works for?? What rights do a provider have when his biller's lack of knowlege or (maybe intentional) creates financial ruin for a provider?

Michele:
I think unless you can prove intentional fraud by the in house biller, the provider's only recourse is firing the biller.  If you have an employee who is not doing their job properly, or to the best of their ability then it is your responsibility to know it.  When someone doesn't do their job, they get fired (unless you work for a bank or an insurance company, then you get a bonus!).  Sorry I couldn't leave the politics out of it.  If a provider has an in house biller who is losing him money then he needs to get her out of their ASAP and get someone in there who can maximize his accounts receivables and collect all that should be collected for his services. 

Reality is most offices are losing money due to some lack in their billing practices but the providers are completely unaware.  Like Linda said, educating them is so important, but getting them to know they need to be educated ....  uggghhhhh!

Michele

PMRNC:

--- Quote ---question.......how much responsibility (legally) does an in house biller have for the provider she works for?? What rights do a provider have when his biller's lack of knowlege or (maybe intentional) creates financial ruin for a provider?
--- End quote ---

If you review some case files of providers brought up on charges you will find a lot of the office managers or billers are right there with them. They hold just as much liability and responsibility.

Linda Walker
PMRNC
www.billerswebsite.com

Pay_My_Claims:

--- Quote from: PMRNC on April 24, 2009, 09:33:45 AM ---
--- Quote ---question.......how much responsibility (legally) does an in house biller have for the provider she works for?? What rights do a provider have when his biller's lack of knowlege or (maybe intentional) creates financial ruin for a provider?
--- End quote ---

If you review some case files of providers brought up on charges you will find a lot of the office managers or billers are right there with them. They hold just as much liability and responsibility.

Linda Walker
PMRNC
www.billerswebsite.com

--- End quote ---

That's scary!! Gotta keep on my toes!!

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