Legal Question in Credit and Debt Law in Florida
I overpaid a doctor $500.00 due to their billing error. They are refusing to refund the money due to outstanding insurance claims for which they are awaiting payment. Can they legally hold this overpayment?
2 Answers from Attorneys
Probably. You are responsible for 100% of your medical bill as between you and your doctor.
Depends on your insurance agreement with the doctor and your deductible. Let's say all the bills that insurance owes has been paid but you owe $100 for your share of the bill per the insurance contract, then the doc should only hold $100 and refund the difference. Make sure you are not paying the doc more than what he/she is entitled to. Now if the doc has not been paid by insurance, then that becomes a more tricky issue. It may depend on what documents you signed when you contracted with the doc for medical services. Most doctors have you sign a "insurance agreement" where you pay regardless of whether the insurance company pays.
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