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ASK THE LAWYER: Balance billing is illegal in Texas


Contributing writer

Sunday, October 25, 2009

Dear Jeff: My question deals with medical services and insurance. I went to a doctor several months back and have paid all the out-of-pocket expenses that medical insurance has approved. The doctor's office however continues to send bills and is claiming that I am responsible for the full amount, including the amount above and beyond what insurance has approved, and are threatening to turn the claim over to a collection agency.

Having paid all charges approved by insurance I believe I have completed my obligation. Am I correct, or am I as obligated as the doctor's office claims? Thanks, "Paying What I Owe"

Dear "Paying": The practice you are referring to is known as "balance billing," and it is illegal in 47 states, including Texas. The Texas Department of Insurance frowns heavily on this practice, and is making moves to crack down on it.

If your doctor is in your insurance carrier's network, he/she has agreed to accept the rates that the insurance carrier has approved, in exchange for having access to a block of potential patients who use that insurance carrier.

This agreement gives the physician patients he or she may not have acquired otherwise. If the doctor is unhappy with the reimbursed rates that the carrier has approved, that issue should be taken up with the insurance company, rather than billing the patient directly. You are under no obligation to pay the excess charges.

If your physician is not in your carrier's network, then he or she is free to charge you for the balance owed, since there was no agreement with the carrier.

Dear Jeff: My accountant has told me I should consider forming a limited liability company. I do not have any partners. Am I allowed to form a LLC by myself? Signed, "Lone Ranger"

Dear "Lone Ranger": Yes, in Texas you are allowed to form a one-member LLC. The filing fee to pay the Secretary of State to form an LLC (in addition to your attorney fees) is currently $300.

This column is meant for general information and educational purposes only, and neither this column nor the transmittal of a legal question via e-mail constitutes the creation of an attorney/client relationship between the reader and Jeffrey Bates and/or Southern Newspapers Inc. For specific advice regarding legal matters affecting you, consult an attorney.

To submit a question, send it via e-mail to JeffreyPBates@aol.com, or via regular mail to Ask the Lawyer, 101 S. First St., Lufkin 75901.

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