If my doctor didn’t ask for prior approval from my HMO as to whether or not a service was covered and it turns out that it isn’t, do I have to pay for it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my doctor didn’t ask for prior approval from my HMO as to whether or not a service was covered and it turns out that it isn’t, do I have to pay for it?

After an injury, my orthopedist placed a brace on my arm before asking my health insurance provider for approval. When I went to pay for the office visit, he said no payment was due, that it would be taken care of. Later I got a bill for $1400 because my insurance wouldn’t pay for orthopedic devices. When I said I wouldn’t pay for it and told them that they should have asked my insurance first, they revised the bill to $257. I again said that I wasn’t paying for it but I would pay a co-payment of $20. They ignored my letter and every few weeks send me a bill for $257. Am I required to pay this bill?

Asked on January 1, 2012 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The real issue is whether or not the brace was actually necessary for the treatment on your arm regardless of whether or not your medical provider would not pay for the brace. Meaning, if you had to have the brace for the recovery of your arm then you should be required to pay the $257.00 claimed due.

If the brace was not needed for the recovery of your arm and the orthopedist went ahead and ordered it for you, then you should not have to pay for it regardless of the insurance coverage issue.

If I were you, I would pay the $257.00 if you actually needed the brace for your recovery.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption