Legal Question in Consumer Law in New Jersey

Altering a medical encounter form

We present patients with a form that states they will be responsible for any balances after their insurance has responded. If the patient alters this form and one of our employees does not initial the form would it still be binding?


Asked on 2/01/07, 11:51 am

1 Answer from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Altering a medical encounter form

The fact that someone has altered the form does not change much, neither does the form itself it signed. A person who obtains services on a professional basis from another owes payment. You hire a plumber; money is due. The fact that there is a third party who may make payment on their behalf is not relevant ot the obligation generally. Of course, if the parties have contracted differentlyeither directly or indirectly than the contract would control. Thus, if you agree to accept insurance and the person subscribes to that plan as well, then you are mutually bound.

There are few siutations which I envision in which the form changes the rights or duties of either party. Rather, it is an acknowledgment. The fact that it was changed, does not change the obligation in most circumstances.

Assuming that there was a limited circumstancee in which the alteration would change the obligation, then if the person had the aurthority to accept or apparent authority to accept the firm, then arguably it would alter the obligation. The fact that a person from your office preesnted ti for signature and then accepted it would arguably bind you. However, that does not answer the inititail question - why wouldn't they have an obligation to pay anything not covered by insurance? The answer is most likely they do.

Finally, note that there are statutes and regualtions concerning insurance and medical treatment and no representation is made about requirements or obligations under those.

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Answered on 2/01/07, 12:45 pm


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