Expert: Ray A Miller - 1/20/2011

Question
QUESTION: I live in Florida. I rec'd a letter from an attorney (normal mail delivery), demanding payment for counseling sessions that my Daughter went through a year+ ago.  I refused to pay the balance on this account, as the doctor NEVER disclosed to me what she was charging for each hour.  I was having a hard time making the co-payment amount each week (and she knew this), and then find out that she was charging $375 an hour!!!  After my insurance company paid a little (she was out of network) I refused to pay the balance because of this non-disclosure....and obviously, stopped the sessions. (Their book-keeper erroneously expected my insurance carrier to pay the majority of the charges so originally only asked me for a minor $30 per visit copayment.)  At the end of the day...I paid over half of a $2k bill.  She sent it to a collection agency who I did respond to with definitive answers as to why I was disputing the bill.  Now, it has been almost a year since the collection agency dispute and I receive a letter from an attorney demanding payment within 30 days or else they will file a lawsuit against me.  Do I need to be concerned about this?  I don't want a lawsuit against me, but I also don't want to lower my morals and pay this doctor.  I believe she is one of the reasons that our insurance and medical industry is in such a mess.  Please help.
Thank you.

ANSWER: I think you are going to need advise from an attorney on this question.  If you make the argument as stated above, their attorney is going to insist that you should have asked for the rates.  I know this does not seem fair but it is what it is.  I am sorry I could not give you better news.

---------- FOLLOW-UP ----------

QUESTION: I did ask for the rates (after I received the bill) and they responded "We do not provide all new patients with our fee schedule, for prices are subject to change."

Help.

Answer
I wish I had a better answer than my first one but this sounds like it is court house bound.  Call the attorney and see is you can help them see the light.  Not providing someone with a fee schedule sounds a little shaky. And what difference does it make that you were a new patient.  I hope you have this in writing because the entire case could ride on this one statement.  The doctor's office had to provide a fee schedule to the insurance company they are contracted with.  I wish you luck with this one!!!