Beware the Paperwork the Hospital Has You Sign! An Inside Look at Sentara Northern Virginia's Billing Paperwork
PRINCE WILLIAM COUNTY, VA - If you have been hurt in a Woodbridge, Virginia car accident, and transported to the local hospital (like Sentara Northern Virginia Medical Center), then oftentimes either while you waited in the emergency room waiting room, or while you were waiting to be seen by the doctor, someone from patient accounts or patient registration came around with a clipboard or an iPad and had you sign a wide variety of forms. But did you ever actually read them? Did you understand some of the things that the hospitals are putting in your face, and some of the rights that you are signing away?
Chances are, the answer was no, and you're not alone! The hospitals are banking on this. They know that over 70% of people who are hurt in car accidents won't ever talk to an attorney, and even then, not all law firms get into the weeds of proper billing. The hospital's job is to get paid as much money as possible. Make no mistake, hospitals are businesses, and have only their bottom lines at heart. When you sign these documents, you could be signing away rights that you have, and don't have to give up!
Beware the fine print! This article is going to case some light on some billing documents thrust upon patients at Sentara Northern Virginia Hospital, part of the statewide Sentara Health system. Understanding these forms, and know what your rights actually are, is key to protecting your rights as a patient!
The Sentara Forms - What Do They Look Like?
Here are two forms which are given to all patients who go to Sentara Northern Virginia Hospital (and, quite possibly, all Sentara hospitals and urgent care centers).
Form Number 1 - "Consent for Treatment/Financial Agreement"
There's alot to go over here, but don't worry - we explain below!
Form Number 2 - "Assignment of Automobile Medical Expense Insurance and Liability Proceeds"
Understanding the Form - Consent for Treatment/Financial Agreement
The first document (Form 1) is a generalized piece of paper, confirming that you have a right to get treatment, and you are responsible for the costs of that treatment. Sounds simple, right?
Sadly, no.
This excerpted section here says that you agree to pay not only your bill, but also collections costs, should you fall behind in payments. While this is not unusual in the realm of how collections work, the nasty surprise is that they are saying if you don't pay within 30 days, then can send it to collections that fast, and put you on the hook for attorneys fees right away. That is a bit extreme.
This next section is the most egregious. "Sentara may submit claims to such payees as a courtesy only." Unfortunately, this is a bald-faced falsehood. As we explain in our article on who pays bills after a car accident, Sentara does not have a choice to submit their bills to a health insurance. It is not a courtesy, it is the law in Virginia, set forth in Virginia Code 8.01-27.5. The law very clear states this is a "duty." This includes Medicare, Medicaid, Tricare, etc., as well as private health insurance, such as Aetna, Blue Cross Blue Shield, Carefirst, United, and others.
The hospital is trying to 1) go around your health insurance to get paid more, and 2) hope that you don't know the law, so you just believe the hype that "the other car insurance will pay for my medical bills." Don't fall for that - it takes money out of your pocket. Regardless of how things work in other states, this is how it works in Virginia.
Understanding the Form - Assignment of Automobile Medical Expense Insurance and Liability Proceeds
First things first (we're going to go out of order, because this important information is hidden on the form!) - you do not have to sign this document!!! It even says so at the very bottom. You should not!!! Our advice is simple: don't sign the form. It is the job of an experienced car accident lawyer to ensure that your bills are paid properly - not to represent the interests of the hospital!
Secondly (I know, we're out of order!), this form reminds you that you may have Medical Expense Payments Coverage or PIP/Personal Injury Protection Coverage. More importantly, they are saying that they want access to it, and by signing the form, you allow that. Here again, we strongly advise you to NOT SIGN THIS FORM! You see, as with the previous form, Sentara is trying to go around your health insurance. As stated, that's against the law. If you have Medpay, we will help you to get that coverage and help you to disburse as best benefits you the client, whereas the hospital only cares about itself. There may be multiple demands on that money, such as emergency room doctors, radiologists, physical therapists, etc. You want to make sure that funds are disbursed equitably, to your benefit, not theirs!
How It's Supposed to Work After a Car Accident Case
Under ideal circumstances, if you have health insurance, then you give the hospital registrars all of the information about your health insurance. You give the hospital no information about any car insurance carrier involved in your accident - yours or the at-fault party's. The hospital has a duty to bill your health insurance, so that's what they get. Period, full stop.
After leaving the hospital, you call Blaszkow Legal and once retained, we get copies of your bills and records from Sentara Northern Virginia Hospital or some other provider, and we review them to make sure that they have submitted their bills to your health insurance - including Medicaid, Medicare, Medicare Advantage, etc. If they haven't then we send them a written directive to do so, because according to Virginia law, if they refuse or fail to submit bills to an in-network health insurance carrier, they waive any and all collection rights! (This includes any "lien" that they try to assert. It is in blank and white in the statute!)
Unfortunately, not all law firms get this involved in a client's case. If a hospital claims a lien, they just pay it. Not at Blaszkow Legal - the Blaszkow Legal Method, patented by us, requires that we analyze these bills in details, and protect our client's recovery from day one. Just because the hospital has its hand out, doesn't mean they are entitled to payment. We protect our client in every way at our disposal!
Conclusion
Beware the fine print. If a document says that you do not have to sign it, then don't sign it! Always always always call an attorney. If you are in the ER and unsure, give us a call, and will happily give you some guidance on these forms, and start protecting your rights from the minute you dial our number.
Remember - a good car accident lawyer will work to get you some compensation for your injuries, but a great car accident lawyer will fight everyone for your maximum recovery, not just the car insurance companies.
Alexandria/Northern Virginia Office:
5270 Shawnee Road #102, Alexandria, Va. 22312
703-879-5910
Richmond Office:
7824 Shrader Road, Richmond, Va. 23294
804-273-8929
Hablamos Espanol!
Duty of In-Network Healthcare Providers to Submit Bills to Health Insurance Companies:
https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-27.5/
Sentara Northern Virginia Medical Center:
https://www.sentara.com/hospitalslocations/sentara-northern-virginia-medical-center