Hello & HELP!,
I work for a medical provider and I am assisting a patient who is being harassed by a collection agency and her insurance company.
Here is the breakdown:
Patient had surgery in California but the Patient lives in Michigan and her Insurance company's coverage is out of Michigan. Our patient was seen and services were rendered in June 2011. We are a medical facility out of California and the patient lives and has insurance coverage out of Michigan. Our surgical center submitted an out of network claim correctly. Shortly after submitting the claim the Insurance carrier paid out the out of network claim directly to the patient for $42k who in turn forwarded the check to our office July 2011. The patient was then contacted about 3-6 months later demanding a $21k refund from the patient due to an error from the insurance carrier. In 2012 our office attempted to contact the insurance company and request necessary documents so we can look at the validity of the refund request in order to consider the refund. Months went by and the insurance carrier could not/did not provide our office with the necessary information. We fast forward to 2015 after years went by and the patient was contacted by a collection agency demanding payment.
*** I am working with the patient to resole this debt. I have been researching Michigan statute laws and looking for some kind of defense or angle. I have been in contact with the collector and have sent certified mail a written debt validation request. "which they did not respond" so I then had the patient send her own request to validate the debt demanding 30 days from 2/26/16 to respond.
I did note that we can try to use California collection laws due to the services were rendered in California.
Can we apply the Borrowing statute law or does Michigan have a borrowing statute law that can help the patient by making the insurance carrier or collection agency adhere to California statutes/collection laws due to the services were originally rendered in California even though the insurance carrier is out of Michigan? Is there any other defenses or approach we can take?