Do I have to sign a "release of all claims" in order fot the insurance company to pay chiropractic bill? Insurance company says they will pay when I sign.
Total Comments: 7
Posted: Thu Dec 30, 2010 11:24 pm Post Subject:
Should have added this is related to med pay - the bill was for $4500 - medpay limit is 5000. There was 500 paid for by state medicaid but they never sent a lein to the insurance company even though I gave them the info - only the chiro sent a bill.
Posted: Fri Dec 31, 2010 12:55 am Post Subject:
What type of MP is this? You posted this in the auto forum... is this related to an auto accident? Huge difference in answer if it's coming from another policy. So many different answers depending on where the coverage is coming from. Please confirm.
Posted: Fri Dec 31, 2010 01:24 am Post Subject:
This was related to the medpay policy for a bowling alley where I slipped anf fell. Wasn't sure where to post.
Posted: Fri Dec 31, 2010 03:41 am Post Subject:
If you have no other medical expenses or claims to press against the insurance company, then you should sign the release. If there are more claims yet to be submitted, then you need to wait until your course of treatment is complete.
But you cannot wait forever. Most proofs of loss must be submitted within a relatively short period of time, such as 180 days. If you have continuing treatments, then you just keep submitting each bill as you receive it, accumulating your damages until treatment is complete.
You should not have to sign a release of "all claims" for interim payments to be made, but most insurance companies want to pay everything at one time, when they know that there will be no more claims.
Posted: Fri Dec 31, 2010 03:56 am Post Subject:
Thanks so much! Would you also happen to know if I should be submitting a claim for what state medicaid has paid. I called the state dept. and he said I just needed to fill out their form which I did almost 2 months ago. I had to ask what was the ER hospital bill and he said $500. The claims aduster said she did not receive anything from the state and said she would not pay the chiropractor if she had a claim from the state. According to what I read federal law says they are entitled to be paid back even for medpay claims and I cannot sign a release unless I notify them. So I'm stuck in the middle!
Posted: Fri Dec 31, 2010 03:48 pm Post Subject:
Medicaid benefits are intended to pay for the care of "medically indigent" persons -- those who have no other insurance. If you have received an insurance benefit for an expense that was paid by Medicaid, then, yes, it is probably owed to Medicaid -- even if only $500. You need to contact your state's Medicaid office to discuss the matter.
Posted: Fri Dec 31, 2010 06:28 pm Post Subject:
I had a feeling it was MP from a General Liability policy.
Depends on the wording of the policy but most likely they _cannot_ require you to sign a release. The standard wording of the policy for MP actually requires they to freely offer it to you. They can't make up stipulations for offer it.
A release is obtained to settle a claim and protect the insured against legal liability. MP does not involve legal liability (it actually has wording that states this specifically). The wording of the coverage also states that it is available regardless of liability.
Would I sign a release to get MP? Nope... not in a million years. For two reasons... the adjuster will then think that they are entitled to get a release on all MP payments and this is 100% incorrect and also because you then give up all of your legal rights of recovery. You may not want to pursue additional monies but it simply makes no sense to give up that right if you don't need to. But the main reason I'd not sign it is because the adjuster is using the payment as a way to get you to sign something that needs to be given with the requirement of a release. I think there is also a good possibility that as this is probably correct, the release would not be valid anyway.
Would you also happen to know if I should be submitting a claim for what state medicaid has paid
Whoaaaa! Are you saying the Medicaid paid part of this bill? If so, your adjuster should be required to confirm the amount owed to them and pay them directly before any payment is issued to anyone else. If they are not doing this then I _really_ question their knowledge. This is 100% on them... not you. You might also have the responsibility to pay Medicaid back but you don't have the responsibility to notify them of the payment.
My recommendation is to refuse to sign the release. Ask the adjuster if they are going to refuse payment under the MP portion of the policy w/o a release and if so... speak to that person's supervisor and/or file a complaint with your states Dept of Ins.
If I wanted a release from someone I always needed to make some type of payment under the Bodily Injury portion of the policy.
Posted: Thu Dec 30, 2010 11:24 pm Post Subject:
Should have added this is related to med pay - the bill was for $4500 - medpay limit is 5000. There was 500 paid for by state medicaid but they never sent a lein to the insurance company even though I gave them the info - only the chiro sent a bill.
Posted: Fri Dec 31, 2010 12:55 am Post Subject:
What type of MP is this? You posted this in the auto forum... is this related to an auto accident? Huge difference in answer if it's coming from another policy. So many different answers depending on where the coverage is coming from. Please confirm.
Posted: Fri Dec 31, 2010 01:24 am Post Subject:
This was related to the medpay policy for a bowling alley where I slipped anf fell. Wasn't sure where to post.
Posted: Fri Dec 31, 2010 03:41 am Post Subject:
If you have no other medical expenses or claims to press against the insurance company, then you should sign the release. If there are more claims yet to be submitted, then you need to wait until your course of treatment is complete.
But you cannot wait forever. Most proofs of loss must be submitted within a relatively short period of time, such as 180 days. If you have continuing treatments, then you just keep submitting each bill as you receive it, accumulating your damages until treatment is complete.
You should not have to sign a release of "all claims" for interim payments to be made, but most insurance companies want to pay everything at one time, when they know that there will be no more claims.
Posted: Fri Dec 31, 2010 03:56 am Post Subject:
Thanks so much! Would you also happen to know if I should be submitting a claim for what state medicaid has paid. I called the state dept. and he said I just needed to fill out their form which I did almost 2 months ago. I had to ask what was the ER hospital bill and he said $500. The claims aduster said she did not receive anything from the state and said she would not pay the chiropractor if she had a claim from the state. According to what I read federal law says they are entitled to be paid back even for medpay claims and I cannot sign a release unless I notify them. So I'm stuck in the middle!
Posted: Fri Dec 31, 2010 03:48 pm Post Subject:
Medicaid benefits are intended to pay for the care of "medically indigent" persons -- those who have no other insurance. If you have received an insurance benefit for an expense that was paid by Medicaid, then, yes, it is probably owed to Medicaid -- even if only $500. You need to contact your state's Medicaid office to discuss the matter.
Posted: Fri Dec 31, 2010 06:28 pm Post Subject:
I had a feeling it was MP from a General Liability policy.
Depends on the wording of the policy but most likely they _cannot_ require you to sign a release. The standard wording of the policy for MP actually requires they to freely offer it to you. They can't make up stipulations for offer it.
A release is obtained to settle a claim and protect the insured against legal liability. MP does not involve legal liability (it actually has wording that states this specifically). The wording of the coverage also states that it is available regardless of liability.
Would I sign a release to get MP? Nope... not in a million years. For two reasons... the adjuster will then think that they are entitled to get a release on all MP payments and this is 100% incorrect and also because you then give up all of your legal rights of recovery. You may not want to pursue additional monies but it simply makes no sense to give up that right if you don't need to. But the main reason I'd not sign it is because the adjuster is using the payment as a way to get you to sign something that needs to be given with the requirement of a release. I think there is also a good possibility that as this is probably correct, the release would not be valid anyway.
Would you also happen to know if I should be submitting a claim for what state medicaid has paid
Whoaaaa! Are you saying the Medicaid paid part of this bill? If so, your adjuster should be required to confirm the amount owed to them and pay them directly before any payment is issued to anyone else. If they are not doing this then I _really_ question their knowledge. This is 100% on them... not you. You might also have the responsibility to pay Medicaid back but you don't have the responsibility to notify them of the payment.My recommendation is to refuse to sign the release. Ask the adjuster if they are going to refuse payment under the MP portion of the policy w/o a release and if so... speak to that person's supervisor and/or file a complaint with your states Dept of Ins.
If I wanted a release from someone I always needed to make some type of payment under the Bodily Injury portion of the policy.
Add your comment