Chiropractor Bill Out of the Blue

[ms3nut]

My question involves collection proceedings in the State of: Arizona

Last month I got a call from a collection agency about a chiropractor that I had never heard of with a service date of 01/2006 in the amount of $1600.00. I asked them to provide proof of the bill but they refused saying I had to call the doctor but they did not have a phone number for me to call. I had to research the doctor and called their office. They had no record of me as a patient but they also advised that at that time frame the doctor did not work on the day of the week they claimed I received serivce. Well I kept researching and called a chiropracter that I had visited and it turns out that the doctor I saw changed offices and this is the name of the new doctor.

Anyway. I contact my health insurance provider who stated that they have never received a claim for service for that date. I called the doctors office back and the billing manager is on maternity leave . My insurance company advised me that I am not liable for any funds until they have submitted a claim. I told the collections agency that and she said that is not the case and I am responsible. At that point I hung up on her She called me back last week and miraculously the amount is now $695.00 but still no claim filed with UHC.

I have a couple of questions:
1.) What is the statute of limitations for medical bills in AZ (3years or 4)?
2.) Can they even file a claim to my insurance company 2.5 years after the service date?
3.) Do they have a leg to stand on or do I have a leg to stand on?

Thanks

[divemedic]

Has the CA sent you anything in writing? If they have not, they are breaking the law. If they have, you have 30 days to respond IN WRITING that you dispute. I would send this certified mail, return receipt requested, so you can prove you sent it, and that they got it.

They are required to send you written proof if you dispute within the 30 days, and they have to stop calling you until they send it to you.

[Mr. Knowitall]

Has the CA sent you anything in writing?

With the passage of this much time (more specifically, within five days of first contact), they should have provided you with information about the amount you supposedly owe, the name of the creditor, and the process to follow to dispute the bill.

If they have not, they are breaking the law. If they have, you have 30 days to respond IN WRITING that you dispute. I would send this certified mail, return receipt requested, so you can prove you sent it, and that they got it.

I wouldn't spend the extra money, as all the receipt proves is that you sent them something - perhaps even an empty envelope. If you simply want proof that you mailed them something, a "proof of mailing" is a lot cheaper than CRRR. You can get one when you mail something at the post office.

They are required to send you written proof if you dispute within the 30 days, and they have to stop calling you until they send it to you.

If you dispute the debt in a timely manner...

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

Verification can be pretty weak, such as, "We contacted the original creditor and they confirm that you owe this amount."

[lealea1005]

I can answer OP's question #2 :

If the Chiropractor is contracted with United Healthcare, 2.5 years after the date of service is waaaay past the date for "timely filing", so they cannot (by contract) bill the patient.

[divemedic]

Verification can be pretty weak, such as, "We contacted the original creditor and they confirm that you owe this amount."

Not true.

GUERRERO v RJM ACQUISITIONS The only information disclosed in the letter was the date that the account was opened, the date that the last payment was posted, the name and social security number listed on the account, and the current balance. The letter did not indicate the amount or basis of the charges underlying the current balance, nor did it indicate the dates on which such charges were incurred.

Stonehart v. Rosenthal (S.D.N.Y. Aug. 13, 2001). The letter also failed to indicate whether interest was factored into the current balance, and, if so, at what rate and for what time period. Particularly in this case, where Defendant added interest at a rate different from the original, contractual rate for Plaintiff's account, the limited information provided in the June 14, 2002 letter was insufficient to verify the alleged debt.

Fields v Wilber (7th Cir 2004) debt collectors must still clearly and fairly communicate information about the amount of the debt to debtors. This includes how the total amount due was determined if the demand for payment includes add-on expenses like attorneys’ fees or collection costs.

A good case can be made for prohibiting a CA from blindly parroting what the creditor says.

Section 1692f(1) prohibits “[t]he collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.” There is no ambiguity here; the provision contains no knowledge or intent requirement.

A CA that is claiming a debt better make sure that the charges are authorized by law or the contract, or else they may be held to task for that violation. As the Seventh Circuit has explained, “whether the collection of a debt violates 1692f(1) depends solely on two factors: (1) whether the debt agreement explicitly authorizes the charge; or (2) whether the charge is permitted by law. The provision is silent as to the debt collector’s intent, yet it is clear that a collector who collected a charge unauthorized by the debt agreement or by law, even by accident, would violate § 1692f(1).” Turner v. J.V.D.B. & Assocs., Inc., 330 F.3d 10 991, 996 (7th Cir. 2003); accord Johnson v. Statewide Collections, Inc., 778 P.2d 93, 101 (Wyo. 1989).

[ms3nut]

Has the CA sent you anything in writing? If they have not, they are breaking the law. If they have, you have 30 days to respond IN WRITING that you dispute. I would send this certified mail, return receipt requested, so you can prove you sent it, and that they got it.

They are required to send you written proof if you dispute within the 30 days, and they have to stop calling you until they send it to you.

I have not received anything from them regarding this debt.

I can answer OP's question #2 :

If the Chiropractor is contracted with United Healthcare, 2.5 years after the date of service is waaaay past the date for "timely filing", so they cannot (by contract) bill the patient.

That is what I was thinking.


I also couldn't understand how a chirporactor could do anything that would amount to $1600.00 in one visit?!?!?!?!?