Cressman Law Firm, P.A.

Recently, a physician who refused to charge his patient's health insurance carrier for the treatment rendered to that patient following an automobile accident and instead tried to collect the entire amount of his bill from the settlement proceeds was blocked from doing so by the appellate courts. In the case before the Court, the physician was contracted with a large health insurance carrier to treat patients covered by policies issued by the insurance carrier. Part of the contract bewteen the physician and insurance carrier prevented the physician from billing the covered patients for more than the co-pay. After one such patient was involved in a car accident, the injured patient sought treatment from the physician.

A "Letter of Protection" (LOP) was provided to the physician from the patient's attorney; however, the LOP stated that the physcician should bill the health insurance carrier, and if the health insurance carrier refused to pay the physician's bill, then the physician's bill would be paid from the settlement proceeds. Despite the language in the LOP, and the fact the physician was under contract with the insurance carrier to treat patients isnsured by the carrier, the physician placed a stamp on the LOP stating that he was not under contract with any insurance carrier and would seek payment from the injured patient's automobile insurance ro settlement proceeds. When the case was over and a settllement was reached in the case, the physician stepped forward and demanded that his entire bill be paid from the settlment proceeds. The money was deposited with the court and trial court ruled in favor of the physician. The appellate court overruled the trial court and based, in part, on the physician's false statements about his relationship with the insurance carrier ruled that the physician was not entitled to payment of his bill from the settlement proceeds.

If you are involved in a vehicle accident, wehteher it is an automobile accident, motorcycle accident, trucking accident, or any other kind of accident, as well as a slip and fall accident, in which you or a loved one is injured, and you have health insurance, but a healthcare provider requests that you sign a Letter of Protection, you should immediately contact an attorney.