Need advise how to proceed

LennyNY

New Member
Jurisdiction
New York
Hi,

I need advice on how to proceed.
I had a TMJ problem. Called my dental insurance company, and they referred a TMJ specialist.
Went to that doctor. The first thing was, "we do not accept insurance", even though he is a provider.
I was in pain situation, when I agreed for out-of-pocket treatment, he let me sign statement, that "I know that my insurance won't pay for treatment.... blah", but the doctor told me that I can file a claim with my insurance myself later.
I signed, paid for everything. Work was done, no complaints there.
I filed an insurance claim myself. First time ever.
In the first claim, doctor instead of dental codes, provided medical codes. The claim was denied.
I resubmitted the claim, this time with dental codes. The form was signed by a doctor too. In that form was just one total amount for treatment. Claim was accepted.
Insurance started to ask for details, first question was "which arch" was work done. So, I resubmitted the claim again, with dental codes, doctor signed new claim form.
When insurance received it, they marked, as "received outside date range for the claim", I called insurance, explained that it was not new claim, it was additional information for the previous open claim. They moved my claim to grievance dept. Them self, not me. So, they continue to work on claim. At this point the name of the doctor was not mentioned.
Insurance rep asked me to provide cost per procedure. So, I called doctor's office, and asked for Itemized statement. The doctor refused. Then the insurance rep called doctor and asked for Itemized statement, they also refused. Because this doctor is a contractor and provider with that dental insurance, the representative was shocked and reported this doctor to her superiors. Her questions were. Why provider did not accept insurance, why he asked for out of pocket even my dental insurance plans cover it. So, "snowball start rolling" for this doctor. Then, the doctor called me, and told me close grievance against him, which I got nothing to do to begin with, or he's going to retaliate, sabotage, my claim, so I would not get anything, or bare minimum. I tried to explain to him that the insurance mention his name in that claim, only because your office (front desk) was rude to insurance rep, which you have contract with. So, the doctor submitted minimum cost for initial exam, like $42, and for x-ray $58, just in "spite". And for TMJ mouth guard, he starts submitting medical codes again, even previously he was submitted dental codes, again, just to retaliate. So, insurance denied claim for mouth guard. This from insurance letter:

"Partially overturned, D0150, D0330 are allowed, and the denial is upheld for D7880", even code D7880 is covered 60% by my PPO plan. Insurance told me, "file appeal again..." It's going to be the 4th time....

So, what's my next steps. The doctor is not cooperating, and the contrary he is sabotaging claim (once again, I paid 100% for the job and visits out of pocket) to INSURANCE PROVIDER. And insurance denying big chunk of my claim, even I have coverage. Is there any legal action there I can take?


Thank you.
 
Is there any legal action there I can take?

If the matter continues to perturb you, its probably time to discuss your situation with two or three local attorneys.

Most attorneys offer an initial, no cost, no obligation consultation.

Another individual isn't required to pay you, even if there's a contract to the contrary, just because you demand it.

In those situations, if you desire what you think is owed to you, you are required to initiate a lawsuit to seek your justice.

However, even though a person prevails in a lawsuit, he or she often ends up with a beautiful piece of legal paper, called a judgment, stating that Bubba owes him or her, two thousand gazillion dollars.

In the end, our plaintiff often fails to receive one dime.

The defendant wiggled it's way off the legal hook.

Our plaintiff is peeved, but penniless.
 
Thank you for your reply. I'm not looking for gazillion. That doctor got paid by me 100% up front. Out of pocket. All I wanted from him not to sabotage insurance claim, provide me with itemized statement. I have a right to receive an itemized bill and explanation of all charges.
And not to be called and threaten "close claim or else..", Because of his actions, my insurance claim got denied. I don't care if he pays or not. As long there will be something on his record!
When you go to restaurant, your check shows, that you paid $20 for steak, $10 for drink, $5 for salad. Why can I have same from the doctor? Am I asking much?
 
Why can I have same from the doctor? Am I asking much?

Perhaps you should report your difficulties to this Agency:


You can file a complaint about professional misconduct against a dentist within the state of New York.

Professional misconduct includes the following but is not limited to:

Permitting or aiding an unlicensed person to perform activities requiring a license
Practicing beyond the scope of the profession
Releasing confidential information without authorization
Failing to return or provide copies of records on request
Abandoning or neglecting a patient in need of immediate care
Performing unnecessary work or unauthorized services
Practicing under the influence of alcohol or other drugs
Complaints must be submitted in writing to the New York State Office of Professional Discipline (OPD). Complaints cannot be filed by phone.

You can download the complaint form and view instructions online:

Discipline Complaint Form | Office of the Professions

There is another option:

Concerned About Your Care?
When you choose an NYSDA member, your dentist is committed to providing the highest quality dental treatment possible. If you have a concern about the care provided to you, the first thing you should do is go back to your dentist. Often, discomfort after treatment can be fixed with an adjustment or additional care.

Please complete the patient complaint form if you have a complaint regarding the dental work that was performed and/or how you were treated by a dentist. IMPORTANT NOTE: The NYSDA does not take complaints regarding billing or how you were treated by the office staff. Please contact the dental practice owner directly to discuss your concerns.

Patient Complaint Form

Peer Review is a dispute resolution process NYSDA offers as an alternative for patients to resolve complaints about treatment quality. Peer Review cannot hear complaints that are before (or have already been resolved through) the courts or the New York State Education Department.

NYSDA Peer Review Committees resolve disputes about the quality of care and appropriateness of treatment rendered by its member dentists. They review and mediate disputes among patients and dentists.

There is no charge for Peer Review.
Peer Review is objective and confidential.
Peer Review can only evaluate treatment completed within the past two and a half years.
When Peer Review finds treatment unacceptable, the dentist is directed to refund only the fees received for that treatment. Peer Review does not make punitive awards.
When treatment is found to be appropriate and the care provided acceptable, all outstanding patient fees are remitted to the dentist.
How Does It Work?
Both the patient and the dentist submit the Agreement to Submit to Peer Review. A mediator will contact them to try to resolve the dispute.
If mediation is unsuccessful, the Peer Review Committee conducts a hearing. The committee is made up of three volunteer dentists. These dentists examine all patient records and other evidence submitted. They interview the dentist and the patient. They individually examine the patient's mouth.
Peer Reviews are conducted by your local dental association or society. Contact your local dental society to request an Agreement to Submit to Peer Review and/or a Guide to Peer Review.

Have a Fee Dispute?
Fee disputes are private matters between doctors and patients. Dentists establish fees individually and independently of each other. Peer Review addresses questions of "usual or customary fees" only in cases involving dental benefit companies.

Fee disputes must be settled privately between the dentist and patient, or by the courts, and can't be resolved by NYSDA or any other public agency.

Concerned About Your Care


One more:

NEW YORK STATE BOARD OF DENTISTRY
The New York State Board Of Dentistry oversees licensed individuals who provide dental services within the state. You can contact the board if you have questions or need to renew your New York dentist license. The state dental board also accepts complaints against licensed and unlicensed individuals, investigates allegations, and takes disciplinary actions for violations of law. The goal of the New York board of dentistry is to protect the oral health, safety and welfare of citizens.

We suggest to check out the state dental board website as they may now offer online services such as filing a complaint, to see if a licensee needs to renew a license or make a name or address change, to see if an applicant is seeking a permit or license or if a consumer is trying to find out information about an New York licensed dentist. You can visit their site online at op.nysed.gov/prof/dent.

Board Of Dentistry Office Location
New York State Board Of Dentistry
89 Washington Avenue 2nd Floor West Wing
Albany, New York 12234
Board Of Dentistry Phone Number
The phone number to call the state board is 518-474-3817 x300. You can fax their office at 518-473-6995.
Board Of Dentistry Email Address:
You can email the state board at: dentbd@mail.nysed.gov


New York Board Of Dentistry

Good luck.

https://media.tenor.com/iBb95DaCt5kAAAAM/team-cheer.gif
 
Try to called insurance, once case closed, no one talks to me. "Do appeal..." Doc, sabotaged, insurance denied based on docs info... Should I look for consumer protection attorney? I can't handle all this by my self.

Ha! Just found review of him from 6 years ago!

"Over charged for a procedure. Claims he wasn't on my insurance and he was. I paid in folk 5000 and now he has the nerve to give me a hard time refunding my insurance payments. Unfortunate that he is a good Dr. doing bad things. He dosnt return calls so beware if you have a problem your own your own. Just not a nice way to run a business"
Exactly same situation, only in my case he called and threaten.
I guess, I'm not first, and probably not second either
 
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