"Getting paid of a patient from another state"

Quickie Consult 1197
Office Systems 109 OS

From the Desk of Dr. Mark Studin
Academy of Chiropractic

Preamble: Many of the issues I bring to you are very small, yet each issue is just that, an issue. If you take care of the small issues, then you will be able to build and more importantly, focus on the bigger issues...a larger practice and more family time. -Mark Studin 2006

"Neurosurgeon wanted to have breakfast with me....What I did"


Dr Studin: explain to me for the beginning because we're recording us for everyone to listen.

Guest Dr: So, we've got a lean PI case that was a patient that got in an accident in the state of Utah while she lived there, she then moved to Colorado four years ago. Last treatment date was 11/2016.

Dr Studin: you have a three and four-year-old case that's just sitting in your files, you're just going through your files to see what's the status of the case And you realize you weren't paid, correct?

Guest Dr: Yeah.

Dr Studin: So they are a Utah insured that moved to Colorado. That's finished the treatment with you?

Guest Dr: Correct.

Dr Studin: is this a med pay or just the lien?

Guest Dr: Just the lien.

Dr Studin: So this is the lien case. So the same rules apply, does the lawyer have your lien?

Guest Dr: He does have my lien but he never no signed it and sent it back to me.

Dr Studin: here's the rule. Lawyers don't have to sign liens and that is a money grab. Lawyers think they have over you by saying, I'll sing this If you do that, Lawyers don't have to sign it. Lawyers, are legal representatives of your patients, they're an extension of your patients. So if they're taking on your patient's case, they have an ethical responsibility to honor all contracts that the patients have signed with respect to this matter. So the only person that needs to sign your lien is the patient. So the patient sign the lien, correct?

Guest Dr: Yes. The patient signed the lien and we have sent records that have been requested by the attorney.

Dr Studin: No, I don't care about, doesn't matter whether they requested it or not because the patient could have just said, I went to this doctor, now the lawyers requesting records from this doctor, do you have verification that the lawyer received your lean yes or no?

Guest Dr: No.

Dr Studin: So therefore you have nothing. So if the patient's already gotten paid and disperse the money, your recourse is only the Sue the patient. So therefore the same rules apply. And I get this scenario from 80% of the doctors who sign up with us within the first four or five, six months. how do I get paid? I said, you have no vehicle to get Paid. They say: I have a signed. I go: Do you have proof that the lawyer received that? No. The lawyer has no responsibility to give you your proof that you need. This is a good business move on the lawyers part and almost all lawyers exercises this business practice. Now the lawyer can also turn around and say to you, well, there's not that much money. I'm sending you 20 cents on the dollar. Well, I have a lean against you. You're not honoring it. Well, I'm sorry we didn't see it in the records. We just did it have ever courtesy.

Guest Dr: what does the lawyer calls your office asking, Have you been paid?

Dr Studin: It doesn't matter.

Guest Dr: I'm just wondering why they called in. Because they called last week.

Dr Studin: because they want to know have you been paid, Because They know that there's money involved, they know that you're entitled to get money, but they don't have to pay you if you don't have verification, they don't have to. You have no leverage over them if you have no proof of lean, they have no leverage over them.

Guest Dr: So then even if you have no proof that they actually received it through the mail. You have correspondence with all their phone calls requests for records. none of that means anything?

Dr Studin: Nothing, this is when you go to school, you paid to tuition, right? Getting screwed at this level is your tuition. What you need to do now is not just with this patient, but every single patient you have, you're going to get your lien out. You're going to fax a copy of your lien to every single lawyer and you're going to send that certified green card receipt. Even if they're three and four years old. Now you could say, I have verification that you have a copy of the lien and you didn't honor it. That's an ethics violation, You could render a complaint to the state bar and they could lose their license for that. Now if they also, feel your med pay, do you have the irrevocable assignments?

Guest Dr: since last Thursday

Dr Studin: so you asked to make sure that every carrier has a copy of the irrevocable assignment,

Guest Dr: So should I have patients resign those and recent it?

Dr Studin: Absolutely. All of these scenarios are your fault because you haven't set up an appropriate business system to ensure payment.

Guest Dr: should I contact that patient and make them resign?

Dr Studin: No.

Guest Dr: Should I just sent that out and get him a receipt?

Dr Studin: Fax back, fax it over, print that a fax back receipt. And on the cover letter just verifying you have a copy of the lien. Please note that this is being mailed also via a us certified mail and do both. Now the lawyer's not only been put on notice, but if you go to court, what are you going to say? Well, the lawyer called me. Well, where's your proof? He received the lean, well I never received every anything. I just did it out of a courtesy, he never sent me a lien. Go prove we received it. So most doctors are very poor businessmen and extremely naive, but you understand what you need to do?

Guest Dr: I do.

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