Question
What is the name of your state? I live in Arizona but the problem I am discribing happened in Florida.
In April of 2000 my 16 year old son went to a dermitoligist for an acne problem. He had my insurance card and gave it to the Doctors office for the treatment he was there for. He also used his home address for the billing address. He was living at his mothers and I never knew he went to this doctor or received a bill. The doctors office didnot follow the instructions on my insurance card and sent the claim to the wrong company and the insurance claim was refused. Now the doctor's office has used a collection agency to place this on my credit record.
I have two questions, first by the Health Insurance Portability and Accountability Act, since they never properly submitted the insurance claim am I or is anyone else still liable for this bill? Second the doctor had my son at the age of 16 sign his own medical release form and agreement for payment, I believe that the only time a minor is allowed to do that is under very specific conditions (i.e. life threatening or birht control type issues). Is there a legeal violation here and what is my recourse?
Thanks for any advice you can give me here. Dave
Answer
I'm not aware of anything under HIPAA that says that if the doctor sends the bill to the wrong insurance carrier accidently, you don't have to pay it.
Query: why don't you just have him send it to the correct carrier now?
Answer
According to the insurance company it is now too late to submit a claim, it must be done within 15 months of service.
Answer
Your post says April 2002?
Answer
My bad I meant April 2000. I have fixed the original post also.