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Linda Brandwin, R.N.

Linda Brandwin is a registered nurse and a medical billing and claims specialist. For the past 10 years she has worked directly with insurance companies to give advice and guidance to the health care consumer.

Readers may send email or write Linda Brandwin at 5500 Single Oak Hill Ct., Woodbridge, VA 22192.

Contact a lawyer to find out the laws in other states
June 18, 2004

Q: I was in a motorcycle accident and I had to go to an orthopedic office. I think they have given me the run around. I had a $2700 doctor bill. My motorcycle insurance company was supposed to pay all of my medical bills. Since it was taking so long to settle with my motorcycle insurance company, my orthopedic office put a lien on me. I had to get a lawyer. My health insurance company said they do not cover auto accidents. The funny thing is that my health insurance finally paid the entire bill to my orthopedist. The only problem that I have is that when I received my settlement my lawyer told me that I had to pay the orthopedist because of the lien. I did so. The next day I received a notice that my health insurance paid the total amount of the bill too. I called my orthopedist's office and they said that they were not going to refund me the money, but that they were going to send my health insurance the refund. My health insurance is no longer participating in Missouri and I no longer have them as my insurance carrier. I am wondering if the orthopedist really refunded the money back to the insurance company. I was under the impression that in the state of Missouri an individual did not have to pay back their insurance. Please let me know the answer.

A: You need not be concerned if your orthopedist's office returned the overpayment to the health insurance company as they previously stated to you. The health insurance company can take care of themselves. Your real concern should be who should have received that overpayment…you, your health insurance company, or even your auto insurance company. Some states do allow double payments. The health insurance company pays the health care provider and the car insurance company pays you. I do not give legal advice nor do I know what the state laws are. You may want to contact your lawyer again for this information. Perhaps he didn't realize that the health care provider was paid by both your health insurance company and from the settlement from your auto insurance company. Another reliable source for information would be your auto insurance company itself. A representative should be able to tell you precisely what the laws in your state say you are entitled to.









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