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Billing Service Being Hit with Criminal Charges

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Michele:
OK, this is a first for me and I'm looking for some input.

I have a friend (no really it's not me!  LOL, she's in a different state) who has had criminal charges brought up against her from a Dr that she terminated.  The Dr was not doing things correctly, the billing service kept advising him, he wasn't cooperating.  The payment arrangement was that she would withdraw her payment from his bank account 7 days after sending him an invoice.  However, she didn't do this because he was always crying the blues about being broke (but his girlfriend went on many trips and had lots of jewelry).  ANYWAY, she sent him a termination letter as stated in her contract. 

She uses a web based system that charges her monthly for each practice/provider.  She advised him that he had until October 31st to access his data before the account would be shut off.  He and his office staff were advised both in writing in verbally that they had until 10/31 to access the data. She never did get paid for her final bill.  She didn't deduct from his account because it was after the date of the termination letter and she followed the contract to a T. 

Now he is claiming he lost $150000 because she has denied him access to his data. 

So the question (FINALLY) is, who owns the data in the web based PM system?  She no longer has access to it either.   

Thanks for the input in advance!

Michele

melissa_2004:
Hi Michele,

The billing service owns the data.  Depending on the web based software your friend is using the information should still be there/available.  She will need to contact her software provider.  Generally when terminating (or no longer servicing) a particular provider they will be marked as inactive in the software but the information for them is not usually deleted as there is always the possibility or servicing that provider again in the future.  If her entire account with the web based software was closed as of October 31st then there should be a time period where she can receive an export of her data in the software but there is usually a fee required by the software company for this information.  There is usually a time period after termination when this data is available but not really sure what happens if its not obtained before that time period expires.  I think it all leads to her contacting the software company to find out how the data is truly handled and how long it is kept as a back up.  Of course if she is contractually within her rights with the doctor she does not have to provide him anything but should still have the details for herself in case of audits and legal issues like the one she's facing now.  Best of luck to her....

Melissa

Pay_My_Claims:
This is why it is so important for Billing Services to provide the practice with 100% information. I am confused as to what she has that he doesn't. If she has all her ducks in a row, she should come out perfectly fine in this case.

Michele:
Well, that's the thing.  He does have all the paper records, and she informed him multiple times (more than 6) that the data would only be available until 10-31.  She also advised him that if he needed access to it longer then there would be a $100 fee.  Not only did he ignore all warnings, but he failed to pay his final bill as well.  The data is there, but there would be a fee to reactivate it, which the provider has been made aware of.  Unfortunately he convinced law enforcement that this is a criminal offense and she has had to report to the police station twice.  Once they were nice, the other, they treated her very poorly!  Anyway, she also had contacted the PM vendor and they confirmed the data is still there, just need the fee to reactivate.  I certainly hope she makes out ok.  She is completely legit, and he's not (I've done work for him as well - although not billing).

Thanks for the responses.

Michele

Pay_My_Claims:

--- Quote from: Michele on December 28, 2009, 10:26:44 PM ---Well, that's the thing.  He does have all the paper records, and she informed him multiple times (more than 6) that the data would only be available until 10-31.  She also advised him that if he needed access to it longer then there would be a $100 fee.  Not only did he ignore all warnings, but he failed to pay his final bill as well.  The data is there, but there would be a fee to reactivate it, which the provider has been made aware of.  Unfortunately he convinced law enforcement that this is a criminal offense and she has had to report to the police station twice.  Once they were nice, the other, they treated her very poorly!  Anyway, she also had contacted the PM vendor and they confirmed the data is still there, just need the fee to reactivate.  I certainly hope she makes out ok.  She is completely legit, and he's not (I've done work for him as well - although not billing).

Thanks for the responses.

Michele


--- End quote ---

She should contact an attorney at this time. Even being in the right...it only takes one act to destroy your business. It would be well worth the money for her.

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