finding a cure for your collections - bays medical society

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Finding a Cure for your Collections Robert C. Jackson, Esq. Carla Appleman Thacker, Esq. HSMcLaw.com

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Finding a Cure for your Collections

Robert C. Jackson, Esq. Carla Appleman Thacker, Esq.

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Effective and Legal Methods

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Effective . . . but

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Ten Commandments of Collections

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Ten Commandments Suggestions for

Collections

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Ten Commandments Suggestions

Things You Might Want to Try But They Didn't Work For Me

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No. 1: Money Up Front

“Show Me the Money”

Best Way to Avoid Collection Problems is to Not Have to Collect

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Thank YouQuestions?

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No. 1: Money Up Front

• Most probably do this in some manner • Trend in Industry • Concierge Practices • Generally nothing inherently illegal about this for a

private medical practice (but talk to your lawyer) • Discounts for early or pre-pay (self pay only)

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No.2 Eliminate Surprises

No One Likes Unpleasant Surprises

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No.2 Eliminate Surprises

• Pre-Procedure Counseling • Clear, Transparent, and Common Sense Pricing • Pre-Authorization of Insurance (in record) • Manage Patient Expectations • Don’t be Afraid to address money issues upfront

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No.2 Eliminate Surprises

• Some Practices Are Really Good At This • No insurance or no coverage practices

• Cosmetic, Weight Loss, Infertility • Payment Plans • Get “Buy in” From the Patient Up Front

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No.3 Know the

Responsible PartyAlways know who is ultimately responsible

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No.3 Know the

Responsible Party• Patient? • Insurance Company? • Medicare? • Medicaid?

• Assignment? • Workers Compensation? • Tortfeasor? • Government Entity?

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No.4 Know the Contract

Participating Providers Should Know Their Contracts Cold

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No.5 Be Efficient

Use Systems to Stay on Top of Claims

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No.5 Be Efficient

Claim Like a Fish Out of Water !

Fillet it, or Let it Go

!But don’t let it die gasping for air

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No.5 Be Efficient

Simple to Say Hard to Do

!Don’t Give Up

Continuous Incremental Improvement

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No.6 Always Be Closing

Never Forget: They Have the Money

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No.6 Always Be Closing

• Document! Document! Document! • Answer all questions • Hit the books (contracts, coding, etc . . . ) • Get names, numbers; Confirm requirements • Fight bureaucracy with responsibility and accountability • Don't not close an interaction without knowing what

needs to be done by whom to get you paid. • Remember: They have the money

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No. 7 Know Your Rights

Prompt Pay Act and Other Remedies

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No. 7 Know Your Rights

• Florida Statues Sections 627.6131 and 641.3155 (add to correspondence) • http://www.myfloridacfo.com/division/consumers/medicalprovider/

TimelyClaimsProcessing.htm#.U_Qkg0uaZG4 • Health Plan Claim Dispute Resolution Program (Maximus) • Contractual Dispute Resolution • Medicare • ERISA

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No. 7 Know Your Rights

All Electronically Submitted Claims • A health insurer must acknowledge receipt of an electronic filed claim within 24 hours after receipt of the claim.

• Within 20 days after receipt of the claim, a health insurer must pay or notify the provider or designee if a claim is denied or contested.

• A provider must submit additional information regarding the denied or contested claim within 35 days after receipt of the notification.

• An insurer must pay or deny a claim within 90 days after receipt of the claim. Failure to pay or deny a claim within 120 days after receipt of claim creates an uncontestable obligation to pay the claim. !

Non-electronically Submitted Claims • A health insurer must acknowledge receipt of the claim within 15 days after receipt of the claim.

• Within 40 days after receipt of the claim, a health insurer must pay the claim or notify a provider or designee if a claim is denied or contested.

• A provider must submit additional information or documentation within 35 days after receipt of the notification.

• A claim must be paid or denied within 120 days after receipt of the claim. Failure to pay or deny a claim within 140 days after receipt creates an uncontestable obligation to pay the claim.

An overdue payment of a claim bears simple interest of 12 percent per year on claims.

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No. 8 Find Alternatives

Other Sources of Possible Payment

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No. 8 Find Alternatives

• Workers Compensation • PIP • Other sources of $$$$ • Tortfeasor

• Estate • COBRA • Guardianships • Charity / Grants

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No. 9 Be Nice . . .

It really is a Relationship Business

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No. 9 Be Nice . . .

• This may be the Most Effective Tip • People will do things for you, especially bureaucrats • Focus on a few contacts and companies • Good companies and people want to get you paid • Eliminate bad actors

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No. 10 . . . until it is time NOT to

be NiceRemember Patrick Swayze in Roadhouse

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No. 10 . . . until it is time NOT to

be Nice• Legal Remedies • Collection Companies • Credit Report Hits • Complaints to Government Agencies

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