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Don’t Let the Insurance
Company Push You Around!
KEYS TO GETTING YOUR BILLS PAID
Seva Law Firm
www.sevafirm.com
INSURANCE
LITIGATION
SPECIALISTS
Presentation by Pratheep Sevanthinathan
seva@sevafirm.com
Liability/Injury Insurers
 Severely injured individuals often need home health care
 Liability policies are typically primary for reimbursement for injuries
 Most common types of liability insurers you will deal with:
 Premise Liability
 Worker’s Compensation
 No-Fault Insurance
 Reimbursement for premise and workplace injuries is challenging for home
health agencies
 Premise policies have reimbursement caps. Can be low.
 Worker’s comp rates are low.
 No-Fault Auto insurance can be lucrative
Premise Liability
 Accidents inside buildings
 Workplace accidents excluded
 Commercial and residential
 Most common: “slip and falls”
 Falling objects
 Ceiling collapses
 Patient must prove liability
 100% contractual – limits to reimbursement:
 Medical bills will be capped at the policy limits
 Residential policies are smaller
 Commercial policies can be larger
Worker’s Compensation
 Workplace accidents
 Slip and falls
 Falling objects
 Auto accidents (company vehicle)
 Medical reimbursement is set by a
”fee schedule.”
 Not all services are covered by
Worker’s Comp
 WC Bureau (Administrative)
 No civil court remedies
No-Fault Insurance
 Auto accidents
 Eligible for coverage even if you
cause accident
 Few exceptions to coverage that can
make reimbursement a pain
 Michigan is only state with unlimited
medical coverage!
 Insurer must reimburse reasonable,
necessary, and accident-related bills
No-Fault Insurance
Incentives/Benefits
 Why should my agency care for auto
accident patients?
 All home health covered
 No caps
 Lifetime medical
 No automatic reductions
 Almost everyone is covered by No-
Fault
 Even if you don’t have car insurance
 Few exceptions
Submit Bills & Get Paid
Typical reimbursement process:
1) Obtain a script for care;
2) Determine the proper insurer, claim number,
and adjuster;
3) Contact adjuster to determine if claims is
open and billable;
4) Provide exemplary care;
5) Maintain adequate records regarding care;
6) Forward bill to the adjuster;
7) Adjuster may request additional records or
information;
8) Get paid!
Why am I not getting paid?
Big Picture
 Business model of an insurance
company:
 For-profit
 Collect as much money as possible (via
premiums)
 Pay out as little as possible (in claims)
 Every bill is thoroughly reviewed
before payment is approved
 Insurers will not pay any bills for which
they are not legally responsible
Why am I not getting paid?
Patient v Agency
 Issues with patient
 Causation
 Necessity
 Statutory bar
 Policy cap
 Issues with agency
 Rates
 Reasonableness
 Compliance with rules
 Service not covered
Why am I not getting paid?
Patient Issues (Necessity of Services)
 Lack of script/prescription
 “Independent” Medical Examination
 Insurance company doctor hired to kill
a claim
 Adjuster will specifically ask IME doc
whether home care is necessary
Why am I not getting paid?
Patient Issues (Causation)
 Exclusive remedies
 Premise cases – only responsible for
injuries arising out of the premise accident
 Worker’s comp – only responsible for
workplace accidents
 No-Fault – injury must arise out of the use
of a motor vehicle
 Source of care
 Pre-existing condition
 Intervening/subsequent event
 Injury not covered under policy
Why am I not getting paid?
Patient Issues (Other)
 Statutory bar
 SOL
 Illegal claim
 Fraud
 Policy cap
 Once policy limits on a premise policy
are exhausted, must look to next
payment source.
Why am I not getting paid?
Agency Issues
 Rates – your rates are too high for the
services you provide
 Reasonableness – you provided more
care than was actually prescribed or
recommended
 Compliance with rules – unlicensed,
insufficient records, not enough
improperly billed
 Services not covered – worker’s comp
does not cover all home health
Why am I not getting paid?
The fly-by-night home health agency
 No accreditation or licensing required for
attendant care reimbursement under
No-Fault Act
 Opens the door for fraud
 Companies pop up just to serve a single
patient
 Muddies the water for legitimate home
health agencies
 Fly-by-night companies are ruining your
reputation
 Insurance companies will assume you are
fly-by-night unless you prove otherwise
How do I avoid denials?
 Anticipate payment issues
 If the patient has
coverage/reimbursement issues you will
not likely not get paid
 Talk to the patient, adjuster, and patient’s
attorney to see if there are any
foreseeable issues with obtaining
payment.
 Was your referral source able to get paid?
 Discuss with the biller for the referral source
 Avoid problematic claims if possible
How do I avoid denials?
 Documentation!
 Well-maintained and detailed records are key
 Don’t leave the insurer any doubt that you
performed the services and worked hard
 Bill reasonably and logically
 Set your rates within a reasonable deviation of the
median
 If you are just starting out, charge a little bit less
 Don’t be greedy
 Get licensed and accredited
 Join a network, e.g. Cofinity
 Obtain a consulting report on your rates
 Know the law
What do I do if a bill is denied?
 Determine the reason ASAP
 Is it a patient issue or an agency issue?
Will determine your next step
 Does the insurer have an appeals
process you can utilize?
 Have a standard appeals drafted to
use as a template
 Consider retaining an attorney
Don’t take no for an answer, get an
attorney!
 Attorney can represent your bill in two
ways:
 Can represent your patient in an action
against the insurer
 Can represent your bill only
 NO FEE unless bill is collected
 Insurance cases are typically handled
on a contingent basis
 I cannot speak for all attorneys
Benefits of hiring an attorney
 Much more likely to get bills paid
 Patient issues can always be countered
through litigation
 No-Fault Act imposes heavy sanctions for
losing at trial. Puts pressure on insurance
company to pay
 Much more likely to get a larger portion
of the bill paid
 Insurance company will offer significantly
more if they know you are willing to fight
 Adjuster’s don’t like being dragged into
court and will pay you extra to let them
out
Drawbacks of hiring an attorney
 You may get deposed
 Additional paperwork involved
(interrogatories)
 Attorney fee if there is a recovery
(although there are ways to obtain
free services)
Basics of litigating insurance claims
 Time is of the essence – know the statute of limitations.
 Communicate regularly with your attorney
 Intervention v direct suit?
 District court v circuit court?
 Distance yourself from the patient
 You may have to invoke the “innocent third party doctrine”
Conclusion
 Don’t operate in a manner than leaves you open for denials
 Be proactive about pursuing payment
 Be ready for a fight
 Know why your bills are being denied.
 Don’t shy away from legal action
 The benefits of litigating far outweigh the drawbacks
 Don’t give up on any bills!
Seva Law Firm
www.sevafirm.com
INSURANCE
LITIGATION
SPECIALISTS
Presentation by Pratheep Sevanthinathan
seva@sevafirm.com
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Don't Let the Insurance Company Push you Around! Keys to Getting Your Bills Paid

  • 1. Don’t Let the Insurance Company Push You Around! KEYS TO GETTING YOUR BILLS PAID
  • 3. Liability/Injury Insurers  Severely injured individuals often need home health care  Liability policies are typically primary for reimbursement for injuries  Most common types of liability insurers you will deal with:  Premise Liability  Worker’s Compensation  No-Fault Insurance  Reimbursement for premise and workplace injuries is challenging for home health agencies  Premise policies have reimbursement caps. Can be low.  Worker’s comp rates are low.  No-Fault Auto insurance can be lucrative
  • 4. Premise Liability  Accidents inside buildings  Workplace accidents excluded  Commercial and residential  Most common: “slip and falls”  Falling objects  Ceiling collapses  Patient must prove liability  100% contractual – limits to reimbursement:  Medical bills will be capped at the policy limits  Residential policies are smaller  Commercial policies can be larger
  • 5. Worker’s Compensation  Workplace accidents  Slip and falls  Falling objects  Auto accidents (company vehicle)  Medical reimbursement is set by a ”fee schedule.”  Not all services are covered by Worker’s Comp  WC Bureau (Administrative)  No civil court remedies
  • 6. No-Fault Insurance  Auto accidents  Eligible for coverage even if you cause accident  Few exceptions to coverage that can make reimbursement a pain  Michigan is only state with unlimited medical coverage!  Insurer must reimburse reasonable, necessary, and accident-related bills
  • 7. No-Fault Insurance Incentives/Benefits  Why should my agency care for auto accident patients?  All home health covered  No caps  Lifetime medical  No automatic reductions  Almost everyone is covered by No- Fault  Even if you don’t have car insurance  Few exceptions
  • 8. Submit Bills & Get Paid Typical reimbursement process: 1) Obtain a script for care; 2) Determine the proper insurer, claim number, and adjuster; 3) Contact adjuster to determine if claims is open and billable; 4) Provide exemplary care; 5) Maintain adequate records regarding care; 6) Forward bill to the adjuster; 7) Adjuster may request additional records or information; 8) Get paid!
  • 9. Why am I not getting paid? Big Picture  Business model of an insurance company:  For-profit  Collect as much money as possible (via premiums)  Pay out as little as possible (in claims)  Every bill is thoroughly reviewed before payment is approved  Insurers will not pay any bills for which they are not legally responsible
  • 10. Why am I not getting paid? Patient v Agency  Issues with patient  Causation  Necessity  Statutory bar  Policy cap  Issues with agency  Rates  Reasonableness  Compliance with rules  Service not covered
  • 11. Why am I not getting paid? Patient Issues (Necessity of Services)  Lack of script/prescription  “Independent” Medical Examination  Insurance company doctor hired to kill a claim  Adjuster will specifically ask IME doc whether home care is necessary
  • 12. Why am I not getting paid? Patient Issues (Causation)  Exclusive remedies  Premise cases – only responsible for injuries arising out of the premise accident  Worker’s comp – only responsible for workplace accidents  No-Fault – injury must arise out of the use of a motor vehicle  Source of care  Pre-existing condition  Intervening/subsequent event  Injury not covered under policy
  • 13. Why am I not getting paid? Patient Issues (Other)  Statutory bar  SOL  Illegal claim  Fraud  Policy cap  Once policy limits on a premise policy are exhausted, must look to next payment source.
  • 14. Why am I not getting paid? Agency Issues  Rates – your rates are too high for the services you provide  Reasonableness – you provided more care than was actually prescribed or recommended  Compliance with rules – unlicensed, insufficient records, not enough improperly billed  Services not covered – worker’s comp does not cover all home health
  • 15. Why am I not getting paid? The fly-by-night home health agency  No accreditation or licensing required for attendant care reimbursement under No-Fault Act  Opens the door for fraud  Companies pop up just to serve a single patient  Muddies the water for legitimate home health agencies  Fly-by-night companies are ruining your reputation  Insurance companies will assume you are fly-by-night unless you prove otherwise
  • 16. How do I avoid denials?  Anticipate payment issues  If the patient has coverage/reimbursement issues you will not likely not get paid  Talk to the patient, adjuster, and patient’s attorney to see if there are any foreseeable issues with obtaining payment.  Was your referral source able to get paid?  Discuss with the biller for the referral source  Avoid problematic claims if possible
  • 17. How do I avoid denials?  Documentation!  Well-maintained and detailed records are key  Don’t leave the insurer any doubt that you performed the services and worked hard  Bill reasonably and logically  Set your rates within a reasonable deviation of the median  If you are just starting out, charge a little bit less  Don’t be greedy  Get licensed and accredited  Join a network, e.g. Cofinity  Obtain a consulting report on your rates  Know the law
  • 18. What do I do if a bill is denied?  Determine the reason ASAP  Is it a patient issue or an agency issue? Will determine your next step  Does the insurer have an appeals process you can utilize?  Have a standard appeals drafted to use as a template  Consider retaining an attorney
  • 19. Don’t take no for an answer, get an attorney!  Attorney can represent your bill in two ways:  Can represent your patient in an action against the insurer  Can represent your bill only  NO FEE unless bill is collected  Insurance cases are typically handled on a contingent basis  I cannot speak for all attorneys
  • 20. Benefits of hiring an attorney  Much more likely to get bills paid  Patient issues can always be countered through litigation  No-Fault Act imposes heavy sanctions for losing at trial. Puts pressure on insurance company to pay  Much more likely to get a larger portion of the bill paid  Insurance company will offer significantly more if they know you are willing to fight  Adjuster’s don’t like being dragged into court and will pay you extra to let them out
  • 21. Drawbacks of hiring an attorney  You may get deposed  Additional paperwork involved (interrogatories)  Attorney fee if there is a recovery (although there are ways to obtain free services)
  • 22. Basics of litigating insurance claims  Time is of the essence – know the statute of limitations.  Communicate regularly with your attorney  Intervention v direct suit?  District court v circuit court?  Distance yourself from the patient  You may have to invoke the “innocent third party doctrine”
  • 23. Conclusion  Don’t operate in a manner than leaves you open for denials  Be proactive about pursuing payment  Be ready for a fight  Know why your bills are being denied.  Don’t shy away from legal action  The benefits of litigating far outweigh the drawbacks  Don’t give up on any bills!