All of our recent clients who received medical care after a car accident at Athens Regional Medical Center are receiving Georgia Medical lien notices even if they have health insurance.
As we have detailed elsewhere, Georgia hospitals are entitled to file a notice of a medical lien on a patient’s car accident claim IF the patient is uninsured. In these instances, though, the hospital is jumping the gun and filing lien’s on cases where the client has full health insurance. In those instances, we are sending certified letters to the hospital to put them on notice of the health insurance. The hospitals have to be careful too because if they fail to bill the health insurance within a timely fashion, they are completely estopped from going after the client for the bill AT ALL!
Here is an example of the letters we have sent to Athens Regional Medical Center when we receive notice of a medical lien from Accelerated Claims.
Accelerated Claims, Inc.
P.O. Box 2315
Kennesaw, GA 30156
Athens Regional Medical Center
1199 Prince Avenue
Athens, GA 30606
Re: Our Client: Jane Doe
Date of Loss: September 10, 2010
Date of Birth: 05/11/1971
S.S.N.: xxx-xx-xxxx
Dear Patient Accounts:
We represent Jane Doe with regard to an auto collision that occurred on September 10, 2010. As you know, our client presented her health insurance card at the time of care. She is insured with Aetna Health under policy number WXXXYYY and group 5551212.
If you fail to bill my client’s health insurance company, you will be in breach of the contract. I apologize for having to be so blunt, but some hospitals are getting bad advice from their collection lawyers who do not understand that the health insurance contract is binding and there is no automobile crash exception. If you fail to submit the bill to the health insurer within the contract period of time, you will have breached the contract.
If you should need any other information to properly process this claim please let me know.
Sincerely,
Christopher M. Simon