Third party billing..

[leftoverinmn]

I've posted this on the CS board before, but would truely appreciate your opinion too.

DH is responsible for 100% of uninsured medical expenses. The orthodontist is sending him bills directly.

He never signed a consent form, or a guarantee of payment. The bills that are coming from the Dr's office are nearing $1000.

I'm finding this wierd because my MN CS order states that it is up to me to pay the bills, them submit a receipt of payment to the NCP. If I don't get payment from NCP in a month, then I submit the receipt to the CS office, where it is added on to NCP arrears.

We can't afford this, and it would be much easier for her to pay them, then have it added on to the arrears, so we can make payments.

1. Isn't the process for collecting uninsured med expenses the same across the board? or,

2. Does he have to pay these doctors directly?

3. Is it legal for them to bill him directly even though he's never been to their office and signed anything?

4. Since we don't have the money for this, and can't pay, will the orthodontist refuse to see the kids until payment is received?

5. Can the orthodontist send a collection agency after us?

6. If we pay the doctor, can she get a receipt and submit it to the CS office and make us "double-pay"?

Thanks Soc..

[socrateaser]

>1. Isn't the process for collecting uninsured med expenses the
>same across the board? or,

What is the EXACT text of DH's court order regarding healthcare costs/reimbursements?

Did your DH authorize (even if only verbally, to the doctor, or to the other parent) the othrodontist to render services to your child?

>
>2. Does he have to pay these doctors directly?

Can't answer until you answer my questions.

>
>3. Is it legal for them to bill him directly even though he's
>never been to their office and signed anything?

Maybe.

>
>4. Since we don't have the money for this, and can't pay, will
>the orthodontist refuse to see the kids until payment is
>received?

Only the orthodontist can answer this question. But, I wouldn't if I were him.

>
>5. Can the orthodontist send a collection agency after us?

Sure, but you could sue under the federal Fair Credit Reporting Act, if the ortho has no provable contract with you for services.

>6. If we pay the doctor, can she get a receipt and submit it
>to the CS office and make us "double-pay"?

That would be misrepresentation, possibly even criminal fraud, depending upon the exact circumstances. I think you're carrying the possiblities a little farther than necessary.

[leftoverinmn]

The exact text is VERY vague..

"Respondant shall be responsible for maintaining healh and dental insurance for the minor children

Respondant shall be responsible for 100% of uninsured medical/dental expenses of the minor children"  That's it.

I have the exact  text in my CO, same county too. If I have uninsured expenses for my son,  I have to go to the CS office and have them print out a form with my case number, and file it with my receipts.

He's never spoken to the ortho, or been to the office. We'll pay the bills, it just seems a little shady to throw down a grand to a doctor instead of the CS office. We'd much rather have the proper legal documentation of bills paid.

Thanks again.

[socrateaser]

OK, now what is the EXACT text of the custody order?

Are there any clauses that call for cooperation between parents concering major decisions re the child's health and welfare?

[leftoverinmn]

There's nothing in the custody order regarding medical. All that's laid out in the custody order is visitation, and pick up times, holidays.

The only time medical is mentioned is in the CS order. No foolin', that's the exact text. (Previous post, yea, it's vague) That is the only time medical anything is mentioned anywhere.

Like I said, my CS order for my son is identical. (except mine says 50%)

He lost legal custody, therefore has no input whatsoever regarding any medical decisions. No cooperation, no consulting, she has complete control over all medical decisions.

I hope that helps.

[socrateaser]

I need to know what the custody orders state regarding custodial rights, not medical issues. If the other parent has sole custody and you have visitation, but you are responsible for 100% of the bill, then the other parent can obtain services and make you responsible, as per the court order.

If there is text stating that you are required to cooperate with each other prior to making any decision regards to the child's health and welfare, then that would change my opinion.

If you have joint legal custody, then either parent can obtain services without the other parent's permission and, as your orders state that you are 100% responsible, then you will be 100% responsible.