My question involves collection proceedings in the State of: Virginia
In a nutshell, I was the office manager of a clinic. The doctor retired and sold the practice. A former patient wants a refund. He has filed a small claims suit against ME. More info: I am the doctor's wife; however, the practice was a sole proprietorship. As just an "employee" of the practice, I believe I can't be held responsible for anything owed to the patient and can't imagine the suit won't be thrown out on those grounds. However, this man and his entire family (parents, aunts, uncles, children, etc.) were patients for years and I would like to settle this amicably, if possible.
In 2009, his co-pay changed and my front desk person missed that (and, apparently, he did as well). He continued to pay his old co-pay, which was not enough. In 2010, he paid the correct co-pay; however, he apparently met his out-of-pocket, so the insurance paid 100% for 2010. All insurance claims were filed and processed and network write-offs were taken... When you combine the two years, there was a small refund due and this was paid to him. However, he wants the entire amount for 2010 returned. He feels that, because WE didn't tell him he was underpaid for 2009, he shouldn't have to pay us the extra money for that year. It gets better. On his "warrant in debt," he has put the amount for 2010 PLUS 20% interest, PER MONTH, compounded monthly and, of course, the court fees. So the $300 he thought he was owed is now listed as $3000!
Naturally, *I* owe him nothing because I was an employee. I am also aware that, even if the money was owed, he is not going to get 20% per month interest. Here are my questions: 1) Can someone point me to the Code that says we are REQUIRED to collect the patient portion so, even if I wanted to, I can't let him NOT pay what he owes for 2009? 2) What is the statute of limitations for medical debt collection in Virginia? (He think it is too late now for us to say he owed the money...) 3) If the money WERE owed, what is the proper interest rate to be charged? 4) Any other comments someone thinks would be helpful. I am hoping that, if I show him we are REQUIRED BY LAW to collect the money owed for 2009, he will drop the suit.
Oh, one more thing. Do I really have to show up in court for this? It is over an hour away. This situation has my stomach in knots.