Guest guest Posted March 27, 2003 Report Share Posted March 27, 2003 Minga It is my understanding that without a lien the money will go to the worker and is up in the air if you get paid. What I do with all workers comp and PI cases is have them sign a statement stating that in the event of denial after appeal they are responsible for bills in my office. I also have them sign 2 liens one for the carrier and one for an attorney that directs them to pay the bills in this office prior to awarding a settlement to the pt. Dan Gatti sent these out about five years ago and so far they seem to work as I have not got " stiffed " since then. Dr. Charlie Caughlin DC 155 NW 1st Ave Day, Or 97845 off 541-575-1063 hm 541-575-1103 fax 541-575-5554 ----- legal question > Hi All, > I received an unusual letter from an attorney (nameless) > representing a worker's comp claim on one of my patients. The claim > is over a year old. payment was denied based on the insurer's claim > of 'uncovered services'. the patient hired an attorney. What > happened was: This patient was a referral from a local MD. After > treating for 2 months with referrals from the MD, and the insurance > paying, all of a sudden, the ins carrier stopped paying. My billing > staff called and wrote letters for over 30 days while we continued > to treat as per the MD instructions. Finally a nurse for the ins > carrier called us back and said this patient had a special managed > care type of insurance a nd we weren't providers. So all our > services would be 'uncovered'. When my staff asked why they didn't > inform us, the nurse said " we are only required to inform the MD PCP > not you. Oregon law does not require us to inform ancillary treating > doctors. " The letter from the patient's attorney reads: > > This law firm represents the above patient in a worker's comp claim. > We have been asked to contact you regarding billings for medical > services provided to our client. > > Oregon law does not allow collection of medical services billings > frrom a disabled worker if there is a pending claim for compensation > that relates to the unpaid billings. Medical providers are > instructed first to bill the employers compensation carrier and then, > if denied, the worker's health insurer. If there is no health > insurer, the billing may be submitted to the worker, but no other > effort shall be made to collect on the account until litigation > continues. ORS 656.313(3) > > Medical providers who take improper action to collect billings risk > civil liability. If you, or your assocates, have any questions > regarding disputed medical service billings to injured or diseased > workers, please contact any atorney of your choice for an > explanation of the restrictions on billing and collection. > > Do not consider this a " letter of protection. " We make no promises > regarding payment of your billings. even if we made such a promise, > this will serve to inform that we must give the money to our client, > regardless of promises to any medical provider, if our client so > insists upon " settlement " of her claim. > > Here are the facts so far: > The patient has received treatment and been released. The bills have > been denied by her work comp ins carrier on 5-7-02. Tomorrow, my > secretary will find out if this patient has health insurance we can > bill. For a short time we sent statements directly to the patient. > Once she hired an attorney, We began sending regular statements to > the attorney -since (7-02.) The letter listed above is the first > contact the attorney has made with our office. > > My questions: > 1. Is the attny trying to tell us that we probably won't get paid? > > 2. We never called, harassed or even mentioned collections. Is this > attny letting us know that we have NO recourse? > 3. Is he trying to tell us that the patient probably won't get a > settlement that can cover our billings? Whaddaya think? Minga > Guerrero DC Portland, OR ------- End of Original Message ------- Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 4, 2003 Report Share Posted April 4, 2003 Charlie, I thought it was not " legal " to put liens on treatment expenses in Oregon. Are you actually filing these liens at the county courthouse, or are you just going throught he motions to promote patient cooperation? JOyce McClure DC PC legal question > > > Hi All, > > I received an unusual letter from an attorney (nameless) > > representing a worker's comp claim on one of my patients. The claim > > is over a year old. payment was denied based on the insurer's claim > > of 'uncovered services'. the patient hired an attorney. What > > happened was: This patient was a referral from a local MD. After > > treating for 2 months with referrals from the MD, and the insurance > > paying, all of a sudden, the ins carrier stopped paying. My billing > > staff called and wrote letters for over 30 days while we continued > > to treat as per the MD instructions. Finally a nurse for the ins > > carrier called us back and said this patient had a special managed > > care type of insurance a nd we weren't providers. So all our > > services would be 'uncovered'. When my staff asked why they didn't > > inform us, the nurse said " we are only required to inform the MD PCP > > not you. Oregon law does not require us to inform ancillary treating > > doctors. " The letter from the patient's attorney reads: > > > > This law firm represents the above patient in a worker's comp claim. > > We have been asked to contact you regarding billings for medical > > services provided to our client. > > > > Oregon law does not allow collection of medical services billings > > frrom a disabled worker if there is a pending claim for compensation > > that relates to the unpaid billings. Medical providers are > > instructed first to bill the employers compensation carrier and then, > > if denied, the worker's health insurer. If there is no health > > insurer, the billing may be submitted to the worker, but no other > > effort shall be made to collect on the account until litigation > > continues. ORS 656.313(3) > > > > Medical providers who take improper action to collect billings risk > > civil liability. If you, or your assocates, have any questions > > regarding disputed medical service billings to injured or diseased > > workers, please contact any atorney of your choice for an > > explanation of the restrictions on billing and collection. > > > > Do not consider this a " letter of protection. " We make no promises > > regarding payment of your billings. even if we made such a promise, > > this will serve to inform that we must give the money to our client, > > regardless of promises to any medical provider, if our client so > > insists upon " settlement " of her claim. > > > > Here are the facts so far: > > The patient has received treatment and been released. The bills have > > been denied by her work comp ins carrier on 5-7-02. Tomorrow, my > > secretary will find out if this patient has health insurance we can > > bill. For a short time we sent statements directly to the patient. > > Once she hired an attorney, We began sending regular statements to > > the attorney -since (7-02.) The letter listed above is the first > > contact the attorney has made with our office. > > > > My questions: > > 1. Is the attny trying to tell us that we probably won't get paid? > > > > 2. We never called, harassed or even mentioned collections. Is this > > attny letting us know that we have NO recourse? > > 3. Is he trying to tell us that the patient probably won't get a > > settlement that can cover our billings? Whaddaya think? Minga > > Guerrero DC Portland, OR > ------- End of Original Message ------- > > > > OregonDCs rules: > 1. Keep correspondence professional; the purpose of the listserve is to foster communication and collegiality. No personal attacks on listserve members will be tolerated. > 2. Always sign your e-mails with your first and last name. > 3. The listserve is not secure; your e-mail could end up anywhere. However, it is against the rules of the listserve to copy, print, forward, or otherwise distribute correspondence written by another member without his or her consent, unless all personal identifiers have been removed. > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 4, 2003 Report Share Posted April 4, 2003 Joyce and Charlie: I believe the document you are both referring to was written by Mike of the Gatti Clan and is acutally more of a contract or assignment of legal rights to a degree in that the patient is turning over legal rights to you the provider and instructing their attorney to pay any outstanding bills prior to dispursing any funds to the patient at time of settlement. It puts the attorney on the hook if he fails to do so....I believe. where are you? Pipe in here and clarify? Finally DeShaw with the help of Sen. has introduce legislation that would allow DCs to use liens on their patients, currently we are excluded from doing so with is a little weird in and of itself. Vern Saboe legal question > > > > > Hi All, > > > I received an unusual letter from an attorney (nameless) > > > representing a worker's comp claim on one of my patients. The claim > > > is over a year old. payment was denied based on the insurer's claim > > > of 'uncovered services'. the patient hired an attorney. What > > > happened was: This patient was a referral from a local MD. After > > > treating for 2 months with referrals from the MD, and the insurance > > > paying, all of a sudden, the ins carrier stopped paying. My billing > > > staff called and wrote letters for over 30 days while we continued > > > to treat as per the MD instructions. Finally a nurse for the ins > > > carrier called us back and said this patient had a special managed > > > care type of insurance a nd we weren't providers. So all our > > > services would be 'uncovered'. When my staff asked why they didn't > > > inform us, the nurse said " we are only required to inform the MD PCP > > > not you. Oregon law does not require us to inform ancillary treating > > > doctors. " The letter from the patient's attorney reads: > > > > > > This law firm represents the above patient in a worker's comp claim. > > > We have been asked to contact you regarding billings for medical > > > services provided to our client. > > > > > > Oregon law does not allow collection of medical services billings > > > frrom a disabled worker if there is a pending claim for compensation > > > that relates to the unpaid billings. Medical providers are > > > instructed first to bill the employers compensation carrier and then, > > > if denied, the worker's health insurer. If there is no health > > > insurer, the billing may be submitted to the worker, but no other > > > effort shall be made to collect on the account until litigation > > > continues. ORS 656.313(3) > > > > > > Medical providers who take improper action to collect billings risk > > > civil liability. If you, or your assocates, have any questions > > > regarding disputed medical service billings to injured or diseased > > > workers, please contact any atorney of your choice for an > > > explanation of the restrictions on billing and collection. > > > > > > Do not consider this a " letter of protection. " We make no promises > > > regarding payment of your billings. even if we made such a promise, > > > this will serve to inform that we must give the money to our client, > > > regardless of promises to any medical provider, if our client so > > > insists upon " settlement " of her claim. > > > > > > Here are the facts so far: > > > The patient has received treatment and been released. The bills have > > > been denied by her work comp ins carrier on 5-7-02. Tomorrow, my > > > secretary will find out if this patient has health insurance we can > > > bill. For a short time we sent statements directly to the patient. > > > Once she hired an attorney, We began sending regular statements to > > > the attorney -since (7-02.) The letter listed above is the first > > > contact the attorney has made with our office. > > > > > > My questions: > > > 1. Is the attny trying to tell us that we probably won't get paid? > > > > > > 2. We never called, harassed or even mentioned collections. Is this > > > attny letting us know that we have NO recourse? > > > 3. Is he trying to tell us that the patient probably won't get a > > > settlement that can cover our billings? Whaddaya think? Minga > > > Guerrero DC Portland, OR > > ------- End of Original Message ------- > > > > > > > > OregonDCs rules: > > 1. Keep correspondence professional; the purpose of the listserve is to > foster communication and collegiality. No personal attacks on listserve > members will be tolerated. > > 2. Always sign your e-mails with your first and last name. > > 3. The listserve is not secure; your e-mail could end up anywhere. > However, it is against the rules of the listserve to copy, print, forward, > or otherwise distribute correspondence written by another member without his > or her consent, unless all personal identifiers have been removed. > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 5, 2003 Report Share Posted April 5, 2003 If you want to rent a trailer or a video, you have to give a credit card and permission to use it to the person taking a " risk " with you. If you extend health care to someone incurring expenses to render it, you are not allowed to make an agreement with the patient prior to incurring expenses, that they will pay for care. This makes sense. It is sort of a volunteer socialized medicine. This assumes that the patient is less able to pay for the service you render than you are able to pay for for the work you computer person or mechanic does for you. If you think about it, it's the SAME MONEY! I got a bill for money owed to a supplier once. It said, " Please pay us, so we can pay her, so she can pay him, so he can pay you! " Isn't doctoring fun?!!! Abrahamson > From: " Vern Saboe DC " <las@...> > Date: Fri, 4 Apr 2003 21:07:56 -0800 > <AboWoman@...>, < >, " caughlindrc " > <caughlindrc@...>, " Joyce McClure, D.C. " <dr-j@...> > Subject: Re: legal question > > Joyce and Charlie: > > I believe the document you are both referring to was written by Mike > of the Gatti Clan and is acutally more of a contract or assignment of legal > rights to a degree in that the patient is turning over legal rights to you > the provider and instructing their attorney to pay any outstanding bills > prior to dispursing any funds to the patient at time of settlement. It puts > the attorney on the hook if he fails to do so....I believe. > > where are you? Pipe in here and clarify? > > Finally DeShaw with the help of Sen. has introduce > legislation that would allow DCs to use liens on their patients, currently > we are excluded from doing so with is a little weird in and of itself. > > Vern Saboe > legal question >>> >>>> Hi All, >>>> I received an unusual letter from an attorney (nameless) >>>> representing a worker's comp claim on one of my patients. The claim >>>> is over a year old. payment was denied based on the insurer's claim >>>> of 'uncovered services'. the patient hired an attorney. What >>>> happened was: This patient was a referral from a local MD. After >>>> treating for 2 months with referrals from the MD, and the insurance >>>> paying, all of a sudden, the ins carrier stopped paying. My billing >>>> staff called and wrote letters for over 30 days while we continued >>>> to treat as per the MD instructions. Finally a nurse for the ins >>>> carrier called us back and said this patient had a special managed >>>> care type of insurance a nd we weren't providers. So all our >>>> services would be 'uncovered'. When my staff asked why they didn't >>>> inform us, the nurse said " we are only required to inform the MD PCP >>>> not you. Oregon law does not require us to inform ancillary treating >>>> doctors. " The letter from the patient's attorney reads: >>>> >>>> This law firm represents the above patient in a worker's comp claim. >>>> We have been asked to contact you regarding billings for medical >>>> services provided to our client. >>>> >>>> Oregon law does not allow collection of medical services billings >>>> frrom a disabled worker if there is a pending claim for compensation >>>> that relates to the unpaid billings. Medical providers are >>>> instructed first to bill the employers compensation carrier and then, >>>> if denied, the worker's health insurer. If there is no health >>>> insurer, the billing may be submitted to the worker, but no other >>>> effort shall be made to collect on the account until litigation >>>> continues. ORS 656.313(3) >>>> >>>> Medical providers who take improper action to collect billings risk >>>> civil liability. If you, or your assocates, have any questions >>>> regarding disputed medical service billings to injured or diseased >>>> workers, please contact any atorney of your choice for an >>>> explanation of the restrictions on billing and collection. >>>> >>>> Do not consider this a " letter of protection. " We make no promises >>>> regarding payment of your billings. even if we made such a promise, >>>> this will serve to inform that we must give the money to our client, >>>> regardless of promises to any medical provider, if our client so >>>> insists upon " settlement " of her claim. >>>> >>>> Here are the facts so far: >>>> The patient has received treatment and been released. The bills have >>>> been denied by her work comp ins carrier on 5-7-02. Tomorrow, my >>>> secretary will find out if this patient has health insurance we can >>>> bill. For a short time we sent statements directly to the patient. >>>> Once she hired an attorney, We began sending regular statements to >>>> the attorney -since (7-02.) The letter listed above is the first >>>> contact the attorney has made with our office. >>>> >>>> My questions: >>>> 1. Is the attny trying to tell us that we probably won't get paid? >>>> >>>> 2. We never called, harassed or even mentioned collections. Is this >>>> attny letting us know that we have NO recourse? >>>> 3. Is he trying to tell us that the patient probably won't get a >>>> settlement that can cover our billings? Whaddaya think? Minga >>>> Guerrero DC Portland, OR >>> ------- End of Original Message ------- >>> >>> >>> >>> OregonDCs rules: >>> 1. Keep correspondence professional; the purpose of the listserve is to >> foster communication and collegiality. No personal attacks on listserve >> members will be tolerated. >>> 2. Always sign your e-mails with your first and last name. >>> 3. The listserve is not secure; your e-mail could end up anywhere. >> However, it is against the rules of the listserve to copy, print, forward, >> or otherwise distribute correspondence written by another member without > his >> or her consent, unless all personal identifiers have been removed. >>> >>> Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 30, 2004 Report Share Posted January 30, 2004 From: DRBOB [mailto:drbob@...] Sent: Thursday, January 29, 2004 6:39 PM Subject: Legal Question Sorry for the previous error. Here is the attachment HB 2305 changes Oregon’s laws to conform with the HIPPA and supposedly set a maximum fee a health care provider may charge for copying records to be sent to attorneys. Attached is a list of questions for consideration. Let us know your answers for correct billing. DrBob W. Pfeiffer,D.C.;D,A.B.C.O. P. O. Box 606 Pendleton, Or. 97801 541. 276.2550 OregonDCs rules: 1. Keep correspondence professional; the purpose of the listserve is to foster communication and collegiality. No personal attacks on listserve members will be tolerated. 2. Always sign your e-mails with your first and last name. 3. The listserve is not secure; your e-mail could end up anywhere. However, it is against the rules of the listserve to copy, print, forward, or otherwise distribute correspondence written by another member without his or her consent, unless all personal identifiers have been removed. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 15, 2004 Report Share Posted August 15, 2004 Contact the district attorney's office. Every state is different. Generally, statutes of limitation tend to run around 5 to 7 years. If children are involved, the statute may be longer. Good luck! ,RN lemobrn@... Keep watch, dear Lord, with those who work, or watch, or weep this night, and give your angels charge over those who sleep. Tend the sick, Lord Christ; give rest to the weary, bless the dying, soothe the suffering, pity the afflicted, shield the joyous; and all for your love's sake. Amen >From: " Sharon " <sshari25@...> >Reply-Autism and Aspergers Treatment >Autism and Aspergers Treatment >Subject: Legal question >Date: Sun, 15 Aug 2004 13:47:36 -0000 > >If a teacher grabbed a student by the neck, what is the Statute of >Limitations for filing a lawsuit. The child was 5 1/2. >Sharon > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 15, 2004 Report Share Posted August 15, 2004 Contact the district attorney's office. Every state is different. Generally, statutes of limitation tend to run around 5 to 7 years. If children are involved, the statute may be longer. Good luck! ,RN lemobrn@... Keep watch, dear Lord, with those who work, or watch, or weep this night, and give your angels charge over those who sleep. Tend the sick, Lord Christ; give rest to the weary, bless the dying, soothe the suffering, pity the afflicted, shield the joyous; and all for your love's sake. Amen >From: " Sharon " <sshari25@...> >Reply-Autism and Aspergers Treatment >Autism and Aspergers Treatment >Subject: Legal question >Date: Sun, 15 Aug 2004 13:47:36 -0000 > >If a teacher grabbed a student by the neck, what is the Statute of >Limitations for filing a lawsuit. The child was 5 1/2. >Sharon > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 10, 2005 Report Share Posted November 10, 2005 The Indian Tribe/s in our area own and operate medical and dental facilities and hire " non-Indian " doctors to work for them. So, I guess Indian Tribes could own/operate a Chiropractic clinic without having a Chiropractic license. But, they are a sovereign nation...I do not know about " lay " persons. RR. Legal Question > Just curious... can a chiropractic clinic be owned and run by a non-DC? I > heard somewhere that a lay person can only own 49% of a chiropractic clinic. > Is this true? > > Jamey Dyson, D.C. > > > > > > OregonDCs rules: > 1. Keep correspondence professional; the purpose of the listserve is to foster communication and collegiality. No personal attacks on listserve members will be tolerated. > 2. Always sign your e-mails with your first and last name. > 3. The listserve is not secure; your e-mail could end up anywhere. However, it is against the rules of the listserve to copy, print, forward, or otherwise distribute correspondence written by another member without his or her consent, unless all personal identifiers have been removed. > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 10, 2005 Report Share Posted November 10, 2005 Doctors, others See OAR 811-010-0120 Professional Corporation and Business Entity Majority Ownership Oregon chiropractic clinics must be majority owned by licensed chiropractic physicians, or in the case of multidisciplinary clinics majority owned by licensed Oregon health care providers. This was the law for years in Oregon, but the 2001 Legislature deleted this (for most health professions (not medical though) and said the health licensing boards could reinstate this by rule, which the OBCE subsequently did. Our rule language is similar to the statutory language for the medical profession. Dave McTeague, Ex. Dir., OBCE 503-378-5816 ext. 23 >>> " jcaadyson " <jcaadyson@...> 11/09/05 09:19PM >>> Just curious... can a chiropractic clinic be owned and run by a non-DC? I heard somewhere that a lay person can only own 49% of a chiropractic clinic. Is this true? Jamey Dyson, D.C. OregonDCs rules: 1. Keep correspondence professional; the purpose of the listserve is to foster communication and collegiality. No personal attacks on listserve members will be tolerated. 2. Always sign your e-mails with your first and last name. 3. The listserve is not secure; your e-mail could end up anywhere. However, it is against the rules of the listserve to copy, print, forward, or otherwise distribute correspondence written by another member without his or her consent, unless all personal identifiers have been removed. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 27, 2009 Report Share Posted May 27, 2009 We are considering purchasing a property with the intention of creating living accomodation for our adult son outside of the home. Does anyone know if the property can be in his name or his trust's name without losing his SSI and Medicaid? We have a call in to our attorney, but am wondering if anyone has any experience or already done this before we proceed. Withers Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 27, 2009 Report Share Posted May 27, 2009 I believe an individual may home his/her own home and/or a car without loss of benefits...I will pass this on to a couple of our resident experts to make sure. Ellen Ellen Garber Bronfeld egskb@... Legal Question We are considering purchasing a property with the intention of creating living accomodation for our adult son outside of the home. Does anyone know if the property can be in his name or his trust's name without losing his SSI and Medicaid? We have a call in to our attorney, but am wondering if anyone has any experience or already done this before we proceed. Withers Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 27, 2009 Report Share Posted May 27, 2009 According to Rubin, a residence can be put in the individual's name if it is being used as his/her residence BUT the state has a claim on it when the individual dies...It would be better to put the house in the Special Needs Trust and have the individual pay rent from SSI. An individual can own a car for medical need (not sure how that is defined) but that should not be in a Special Needs Trust as it may open up the trust assets to liability claims. I have another expert who may weigh in, as well... Ellen Ellen Garber Bronfeld egskb@... Legal Question We are considering purchasing a property with the intention of creating living accomodation for our adult son outside of the home. Does anyone know if the property can be in his name or his trust's name without losing his SSI and Medicaid? We have a call in to our attorney, but am wondering if anyone has any experience or already done this before we proceed. Withers Quote Link to comment Share on other sites More sharing options...
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