Q: Provider stored my credit card info w/out my permission and charged it months later w/out my authorization. My rights?
In 9/2022, my son had root canal therapy. He was covered by two insurances at the time so I had a small deductible which I paid at the counter with my credit card.
Months later I received 1st invoice from the endodontist for $1,007, stating our second insurance denied the claim. I investigated the denial and the insurance company stated the orthodontist submitted information that did not match what they had on file. I called the endodontist to discuss this; they said they would resubmit the claim.
Last week, received 2nd invoice (Monday) from the endodontist for $1,007. I investigated the claim again with the insurance company; they denied the resubmission for the same reason, and I initiated an appeal. Just 2 or 3 days later, I received a 3rd invoice from the endodontist showing the balance was paid off using my credit card.
I neither authorized the transaction nor gave permission for them to keep my car info on file.
This is violating. What are my rights? What can I do?
A: Initiate a chargeback with your bank. Make sure you do it within the required time.
A: Ask to be included on denials or appeals notices from insurance carriers in the future. These usually have short shelf lives. Appeals must be usually be undertaken (or arbitration notices filed against the insurance carrier) within short windows of time, and it could take time to gather supporting documentation from a medical provider. Good luck
A: By all means, initiate a chargeback and monitor your credit. Federal law now generally prohibits most medical debts from being reported to credit reporting agencies. Initiating the reinvestigation procedure under the FCRA may be necessary. Responding to the provider bill with a well drafted letter might also resolve the situation simply. This may be necessary whether or not your chargeback is accepted, because this has no bearing on the legal validity of the debt: only whether your credit card will honor the charge.
Peter J. Weinman agrees with this answer
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