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Balance Billing Fraud
Kenney & McCafferty, PC
A law firm p
roviding help, information and protecti
on
to Medicare and Medicaid Whistleblowers in all 50 states.


We take calls 24/7, including nights, weekends and holidays.
Call our 24 Hour Fraud Hotline by Dialing Toll Free 1 (888) 482-6825
Outside the USA Dial (610) 400-7560 - Ask for Investigator Sweeney

Click here for a free and confidential case evaluation!

All cases are accepted on a contingency bases. This means there is no charge to you unless your claim is successful.

Call Now 1(888)482-6825

Report Medicare Fraud at www.usawhistleblower.com
Report Medicare Fraud at www.usawhistleblower.com
Report Medicare Fraud at www.usawhistleblower.com
Report Medicare Fraud at www.usawhistleblower.com
Click here for a free and confidential case evaluation!

Balance Billing by Contracted Providers

Whistleblower Rewards Network has learned that some healthcare providers who have executed preferred provider contracts with Medicare, Medicaid and insurance companies are billing patients for amounts greater than the agreed upon discounted contract rate. This practice is known as balance billing and it is illegal in many states. In the state of Nevada, to knowingly and willingly file a claim for an amount that is not due and is greater than the contracted billing rate is a violation of the false claims section of the Unfair Trade Practices and Fraud Act, specifically NRS 686A.291.

How to Report Suspected Balance Billing Fraud

If you have reason to believe you are a victim of balance billing, simply click on the link below in red for a free case evaluation. If you believe you have a whistleblower claim simply click on the link below in red for a free case evaluation. Any and all information provided to Whistleblower Rewards Network will be kept strictly confidential and will be for the use of our designated attorneys, our investigating agents and the appropriate state and or federal government agencies. Whistleblower Rewards Network strictly prohibits the dissemination, distribution or copying of your information to any unauthorized outside parties.

Balance Billing Laws Applicable in Alaska
 
A person who knowingly and with intent to injure or deceive any insurance company, files a statement containing any false, incomplete or misleading information is guilty of a felony.

Balance Billing Laws Applicable in Arizona

For your protection, Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.

Balance Billing Laws Applicable in Arkansas

Any person who knowingly and with intent to defraud any insurance company or another person, files a statement of claim containing any materially false information, or conceals for the purpose of misleading, information  concerning any fact, material  thereto, commits a fraudulent insurance act, which is a crime, subject to criminal prosecution and civil penalties.
 
Balance Billing Laws Applicable in California

For your protection, California law requires the following to appear on this form:  It is unlawful to: (a) Present or cause to be presented any false or fraudulent claim for the payment of a   loss under a contract of insurance.  (b)  Prepare, make, or subscribe any writing, with intent  to present or use the same, or to allow it to be presented or used in support of any such claim. Every person who violates any provision of this section is punishable to imprisonment in the state prison, or by fine not exceeding one thousand dollars ($1,000), or both.

Balance Billing Laws Applicable in Colorado

It is unlawful to knowingly provide false, incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, and denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete or misleading facts or information to a policy holder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.

Balance Billing Laws Applicable in Florida

Any person who knowingly and with the intent to injure, Defraud, or Deceive any Insurance Company, files a Statement of Claim Containing any False, incomplete or Misleading information is Guilty of a Third Degree Felony.

Balance Billing Laws Applicable in Idaho

Any person who knowingly, and with intent to defraud, or deceive any insurance company, files a statement containing any false, incomplete or misleading information is guilty of a felony.

Balance Billing Laws Applicable in Indiana

A person who knowingly and with intent to defraud an insurer files a statement of claim    containing any false, incomplete, or misleading information commits a felony.

Balance Billing Laws Applicable in Kentucky

Any person who knowingly and with intent to defraud any insurance company or other person files a statement of claim containing any materially false information or conceals, or  the purpose of misleading, information concerning any fact material thereto commits fraudulent insurance act, which is a crime.

Balance Billing Laws Applicable in Maine

It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or a denial of insurance benefits.

Balance Billing Laws Applicable in Michigan

Any person who knowingly and with intent to defraud any insurance company or another person,  files a  statement  of  claim containing  any materially  false  information, or conceals for the purpose of misleading, information concerning any fact, material  thereto, commits  a  fraudulent insurance act, which is a crime, subject to criminal prosecution and civil penalties.

Balance Billing Laws Applicable in Minnesota

A person who submits an application or files a claim with intent to defraud or helps to commit a fraud against an insurer is guilty of a crime.

Balance Billing Laws Applicable in Nevada

Pursuant to NRS 686A.291, any person who knowingly and willfully files a statement of   claim that contains any false, incomplete or misleading information concerning a material fact is guilty of a felony.

Balance Billing Laws Applicable in New Hampshire

Any person who, with purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20.

Balance Billing Laws Applicable in New Mexico

Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties.

Balance Billing Laws Applicable in New Jersey

Any person who knowingly and with intent to defraud any insurance company or other persons, files a statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact, material thereto, commits a fraudulent insurance act, which is a crime, subject to criminal prosecution and civil penalties.

Balance Billing Laws Applicable in New York

Any person who knowingly and with intent to defraud any insurance company or other persons, files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.

Balance Billing Laws Applicable in Ohio

Any person who, with intent to defraud or knowing that he/she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.

Balance Billing Laws Applicable in Oklahoma

Any person who knowingly and with the intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.

Balance Billing Laws Applicable in Oregon

Any person who makes an intentional misstatement that is material to the risk may be found guilty of insurance fraud by a court of law.

Balance Billing Laws Applicable in Pennsylvania

Any person who knowingly and with intent to injure or defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.

Balance Billing Laws Applicable in Virginia

It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits.

Click here for a free and confidential case evaluation!


Report Medicare Fraud at www.usawhistleblower.com
Report Medicare Fraud at www.usawhistleblower.com

Balance Billing Newspaper Article


Patient to file suit over hospital billing

Betty Lefevers claims North Florida Regional Medical Center engaged in ''balance billing,'' in which a hospital tries to bill a patient for the discount it gives to an insurance company.

By CARRIE JOHNSON and KRIS HUNDLEY  - © St. Petersburg Times, published May 17, 2001

INVERNESS -- Betty Lefevers was puzzled by the $5,900 bill sent by her hospital. She thought most of those expenses were covered by her health insurance. So Lefevers sent $200, the sum of her co-payment, hoping that would get the hospital off her back. It didn't. The hospital, Columbia North Florida Regional Medical Center in Gainesville, contacted a collection agency. Panicked her credit rating would be ruined, 69-year-old Lefevers set up a payment program. But after sending $50, she refused to pay any more.  "I just happened to know that this was not a fair thing, that it was not legal," said Lefevers, who had worked as a nurse at Citrus Memorial Hospital.
 
Now Lefevers is filing a class-action lawsuit against HCA-The Healthcare Co., which owns North Florida Regional Medical Center, claiming she is the victim of a practice called "balance billing." According to the lawsuit, insurance companies give certain hospitals "preferred provider status," which means the company will send insured patients to the hospital in exchange for a discount in medical services.
 
However, after the medical procedure is completed, hospitals will sometimes attempt to recover the amount of the discount by billing the patient, not the insurance company. That's "balance billing," the lawsuit states. In Lefevers' case, her health insurance company, RISCORP Health Care Plans Inc., had a partnership with North Florida. The hospital agreed to give her a 20 percent discount on her $28,868 medical bills, the lawsuit states.
 
But the hospital later tried to charge Lefevers for that 20 percent, which worked out to exactly $5,973. HCA owns 179 hospitals nationwide and nine in the Tampa Bay area. Jeff Prescott, spokesman for the Nashville-based company, said HCA has not been served with the lawsuit and could not comment on the allegations.
John Yanchunis, Lefevers' attorney, said his firm has represented many people who have been overbilled in a similar manner. He thinks the number of victims could stretch into the thousands, and the damages from the lawsuit could be in the tens of millions.
 
The lawsuit seeks to represent all people who were "balance billed" by HCA for amounts already covered by their insurance companies between 1997 and the present. The lawsuit, which will be filed today in Citrus County, alleges breach of contract, deceptive and unfair trade practices and failing to deal in good faith.
 
HCA, formerly known as Columbia/HCA Corp., has been the target of wide-ranging government investigations into its operations for the past several years. Two of the company's executives were found guilty of Medicare fraud following a trial in Tampa's federal court in 1999; they are free pending appeal.
 
Following three years of negotiations with the U.S. Justice Department, HCA agreed to pay $745-million to settle several civil claims and another $95-million as a criminal fine. Still outstanding is a settlement agreement on charges that HCA submitted false cost reports and paid kickbacks to doctors. The Justice Department has estimated that the two practices cost the government more than $640-million.
 
If HCA defrauded the government, then what's to stop them from defrauding consumers, Yanchunis asked. "It's the next logical step," he said. Most people who have been overbilled simply pay the money, or get Medicare to pay the money, to put an end to the hassle. But typically, if a patient refuses to pay, the hospital backs down, Yanchunis said.
But in Lefevers' case, it didn't.
 
Lefevers was seriously injured in a car accident in the fall of 1996. She received treatment at North Florida Regional Medical Center in Gainesville from Jan. 22 to Jan. 26, 1997. Lefevers said her training as a nurse led her to believe the bill from HCA was suspicious. She said she is outraged a health care company would try to take advantage of patients her age. 

"Especially when we've worked hard all of our lives to keep our credit ratings good," she said. Lefevers said it was her desire to help others who may have fallen victim to this practice that motivated her to file the lawsuit. "I hope that if this is as widespread as I think it is, then a lot of people are going to be getting some relief."

Click here for a free and confidential case evaluation!


Report Medicare Fraud at www.usawhistleblower.com
Report Medicare Fraud at www.usawhistleblower.com

Kenney & McCafferty, PC
3031C Walton Road, Suite 202
Plymouth Meeting, Pennsylvania, 19462 USA

Providing help, information and protection to Medicare and Medicaid
Whistleblowers in all 50 states.

Call Now 1(888)482-6825
Call our 24 Hour Fraud Hotline by Dialing Toll Free 1 (888) 482-6825
Outside the USA Dial (610) 400-7560 - Ask for Investigator Sweeney 

Toll Free Fax 1 (888) 609-5755
Outside the USA Dial Fax (610) 471-0544

Email Attorney Brian Kenney -
kenneyesq@usawhistleblower.com

Email Investigator Sweeney - investigator@usawhistleblower.com 

Report Medicare Fraud at www.usawhistleblower.com
Report Medicare Fraud at www.usawhistleblower.com

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Medicare Fraud News & Whistleblower Help http://medicaresmostwanted.blogspot.com/
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Medicare.gov - How to Report Medicare Fraud
http://www.medicare.gov/fraudabuse/HowToReport.asp
Report Fraud to the Office of Inspector General
http://www.stopmedicarefraud.gov/reportfraud.html
How to Report Suspected Medicare Fraud 
http://www.cms.hhs.gov/FraudAbuseforConsumers/02_How_to_Report_Suspected_Fraud.asp