TTQ B4U Posted December 20, 2008 Report Share Posted December 20, 2008 my wife is hesitant to comment on this as it could lead to trouble doings so, but in the end, it is wise to simply go after him in a civil matter and collect from there. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted December 20, 2008 Author Report Share Posted December 20, 2008 my wife is hesitant to comment on this as it could lead to trouble doings so, but in the end, it is wise to simply go after him in a civil matter and collect from there. I am just asking for an opinion why it is not criminal. Seems the prosecutor could not say why either. Or is she saying in a round about way it should be criminal and the prosecutor is not doing his job? Quote Link to comment Share on other sites More sharing options...
KillJoy Posted December 20, 2008 Report Share Posted December 20, 2008 I am just asking for an opinion why it is not criminal. Seems the prosecutor could not say why either. Is there ONLY the one person you can go to file charges, or do whatever it takes to get the ball rolling? KillJoy Quote Link to comment Share on other sites More sharing options...
SpaceGhost Posted December 20, 2008 Report Share Posted December 20, 2008 Sucks Rick, Good luck, I would be mad not getting paid too. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted December 20, 2008 Author Report Share Posted December 20, 2008 Is there ONLY the one person you can go to file charges, or do whatever it takes to get the ball rolling? KillJoy Up here in this crap hole there is only one guy. I dont know if this is the way it is in every county. This is the same guy that allowed my wife and I to be stalked for over a year and did nothing! Quote Link to comment Share on other sites More sharing options...
evan9381 Posted December 20, 2008 Report Share Posted December 20, 2008 i can feel your pain. luckily for me, from my accident in april, my insurance is paying my medical bills until im done, then they're submitting to his policy at the end (same company though)... from may to november, i was going to the chiro every week, sometimes twice, and i was still getting sporradic (sp) pain in my back. sometimes it was there, sometimes it would go away for a week...finally doc ordered an MRI which i went in for on tuesday, and it turns out i have a bulging disc (between L5 and S1 i believe), so they started me on spinal decompression. being that its PI, my med bills are already up to about 4k, and the decomp therapy/adjustment/e-stim is around $260/visit, and i have to do it 3x/week for 20 treatments...ends up being a ~$5k treatment i will say, after a couple trips in, i haven't had pain this week. before, even when i wasnt in pain, doing something like sneezing would trigger a sharp quick pain, then i would be fine. i guess my question is why didnt the insurance company pay you directly? was the patient at fault or was the other party involved at fault? it sounds like if he got a settlement, the other party was at fault. shoulda got the claim # and submitted it to them. Quote Link to comment Share on other sites More sharing options...
kirks5oh Posted December 21, 2008 Report Share Posted December 21, 2008 How long does it take you to do the surgery? How many follow up visits? How much is the medical device? How much is the hospital bill? 2-4 hours, and at least 3 follow-up visits. cost of the medical device and hospital bill are irrelevant, since i don't get a paycheck from the hospital, and the hospital bills the insurance company for the implants, and hospital stay. we end up taking care of plenty of people without insurance, and i'm not even doing trauma this year. in our trauma department, at least 50% of the people who wind up in the trauma bay have no insurance, and absolutely no intent to pay for shit. i get $1200 per total joint, that's it. and i have just as much overhead--secretary, nurse, medical assistant, radiology technician, building rent, etc. etc. just consider this one of the 3-4 charity cases you do, and move on. Quote Link to comment Share on other sites More sharing options...
99ta Posted December 21, 2008 Report Share Posted December 21, 2008 i guess my question is why didnt the insurance company pay you directly? was the patient at fault or was the other party involved at fault? it sounds like if he got a settlement, the other party was at fault. shoulda got the claim # and submitted it to them. +1 as an insurance company we pay all the bills directly to the provider. I would call the insurance company. Did you send the signed committment to them? I get them all the time. Eric Quote Link to comment Share on other sites More sharing options...
evan9381 Posted December 21, 2008 Report Share Posted December 21, 2008 i guess this same thing happened to the dr. office my mom works for (where im going). when i was on the decomp table this week i heard her call an insurance company saying that the woman got her check and didnt pay them, and "this is the exact reason we told you to send the check directly to us!". lol. i knew my mom yelled at us as kids, but i havent heard her get an attitude like that in years. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted December 21, 2008 Author Report Share Posted December 21, 2008 2-4 hours, and at least 3 follow-up visits. cost of the medical device and hospital bill are irrelevant, since i don't get a paycheck from the hospital, and the hospital bills the insurance company for the implants, and hospital stay. we end up taking care of plenty of people without insurance, and i'm not even doing trauma this year. in our trauma department, at least 50% of the people who wind up in the trauma bay have no insurance, and absolutely no intent to pay for shit. i get $1200 per total joint, that's it. and i have just as much overhead--secretary, nurse, medical assistant, radiology technician, building rent, etc. etc. just consider this one of the 3-4 charity cases you do, and move on. you should be paid much more!! Quote Link to comment Share on other sites More sharing options...
KillJoy Posted December 21, 2008 Report Share Posted December 21, 2008 you should be paid much more!! WTF.... are you 2 finally coming to terms??? KillJoy Quote Link to comment Share on other sites More sharing options...
HAOLE Posted December 21, 2008 Author Report Share Posted December 21, 2008 +1 as an insurance company we pay all the bills directly to the provider. I would call the insurance company. Did you send the signed committment to them? I get them all the time. Eric We did send it certified mail. Certain companies have a history of this. Auto Owners, Ohio Mutual, and Allstate are known for this activity. They do this to make providers think twice about treating injured people, therefore decreasing the overall case cost . Quote Link to comment Share on other sites More sharing options...
kirks5oh Posted December 21, 2008 Report Share Posted December 21, 2008 WTF.... are you 2 finally coming to terms??? KillJoy i agree with rick from time to time. i think he should be paid, no question--but i know its an uphill battle once someone is determined not to pay. you end up spending more time/resources/money to recoup the money from the patient. if you go after him/her, it may end up being just for the principle. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted December 21, 2008 Author Report Share Posted December 21, 2008 i agree with rick from time to time. i think he should be paid, no question--but i know its an uphill battle once someone is determined not to pay. you end up spending more time/resources/money to recoup the money from the patient. if you go after him/her, it may end up being just for the principle. your right. For me it is mostly principle, I don't like thieves. Quote Link to comment Share on other sites More sharing options...
99ta Posted December 21, 2008 Report Share Posted December 21, 2008 I hate allstate with a passion. by far the worst insurance company! We did send it certified mail. Certain companies have a history of this. Auto Owners, Ohio Mutual, and Allstate are known for this activity. They do this to make providers think twice about treating injured people, therefore decreasing the overall case cost . Quote Link to comment Share on other sites More sharing options...
evan9381 Posted December 21, 2008 Report Share Posted December 21, 2008 what insurance company do you work for, if you dont mind me asking? Quote Link to comment Share on other sites More sharing options...
zeitgeist57 Posted December 21, 2008 Report Share Posted December 21, 2008 My wife says you should file a "breach of contract" for failure to pay for the assignment of benefits. You then get a judgement against your client, and if he doesn't pay then you have to go the next step for collections. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted December 21, 2008 Author Report Share Posted December 21, 2008 My wife says you should file a "breach of contract" for failure to pay for the assignment of benefits. You then get a judgement against your client, and if he doesn't pay then you have to go the next step for collections. I understand that, but my question is about the criminal side. Why is he not being charged with theft of services per the ORC? Quote Link to comment Share on other sites More sharing options...
copperhead Posted December 21, 2008 Report Share Posted December 21, 2008 Because there was a contract involved. Let's say there is cable tv going to a box on the side of your house, but since you aren't paying for it, its disconnected. You decide that you want to watch a football game, so you go outside and connect it. There was no agreement you would pay for it, so that's a theft of service. You wrote up a contract, that you would give service for compensation. You held up on your end of the contract, he failed to, therefore he is in breach of contract. That's a civil matter, not criminal. Take him to court, represent yourself since it's (technically) a small amount. If he still doesn't pay send his ass to collections and forget about it. Quote Link to comment Share on other sites More sharing options...
Tractor Posted December 21, 2008 Report Share Posted December 21, 2008 You don't really have a criminal case. Or at least you don't have one your gonna get anyone to do anything about. In Ohio you have a very strong option to use the "Mechanics Lien Law." To dish out the justice the thief deserves. You'll simply go through the court to get him to pay or the court will give you the right to apply a lien on their property. You'll get your money eventually doing it that way. Quote Link to comment Share on other sites More sharing options...
LJ Posted December 21, 2008 Report Share Posted December 21, 2008 My take on it is that the prosecutor doesn't want to touch it because he will have to prove that the client never intended to pay you, which would be trying to prove "theft by deception". Proving intent is not easy in some cases Quote Link to comment Share on other sites More sharing options...
KillJoy Posted December 21, 2008 Report Share Posted December 21, 2008 In a store, stealing something over $500 is a felony.... ??? KillJoy Quote Link to comment Share on other sites More sharing options...
TheHaze Posted December 21, 2008 Report Share Posted December 21, 2008 Though it would be difficult to do, I'd let it go. Of course, that'd be after I say something rather mean to him. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted December 21, 2008 Author Report Share Posted December 21, 2008 In a store, stealing something over $500 is a felony.... ??? KillJoy That is what i think too. Why is my business different? He took something of value from me and did not pay. If I go to Walmart and take a cart full of stuff out the front door and not pay I go to jail. We need to change the laws. Quote Link to comment Share on other sites More sharing options...
99ta Posted December 21, 2008 Report Share Posted December 21, 2008 what insurance company do you work for, if you dont mind me asking? Progressive Quote Link to comment Share on other sites More sharing options...
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