Private Insurance Overpayment & Patient Credit Balance Repayment Obligations - Liles Parker PLLC (2024)

II. Federal Statutory Obligations to Refund Private Insurance Overpayments

There are several Federal criminal statutes that arguably require you to refund any monies owed to a private health plan. Depending on the facts in your particular case, a practice’s improper retention of private payor monies could implicate the mail fraud [2] or health care fraud statutes. [3] If a provider has made any fraudulent misrepresentations or false certifications made to a private payor, the provider’s conduct may constitute a false statement involving a health care program. [4] While each of the above statutes could conceivably apply if the fact support it, we believe that one Federal statute in particular (18 U.S. Code §669), obligates a health care provider to return overpayments that are owed to a private insurance payor.

18 U.S. Code §669. Theft or embezzlement in connection with health care. [5]

“(a) Whoever knowingly and willfully embezzles, steals, or otherwise without authority converts to the use of any person other than the rightful owner, or intentionally misapplies any of the moneys, funds, securities, premiums, credits, property, or other assets of a health care benefit program, shall be fined under this title or imprisoned not more than 10 years, or both; but if the value of such property does not exceed the sum of $100 the defendant shall be fined under this title or imprisoned not more than one year, or both.” (emphasis added).

18 U.S. Code §24. Definitions relating to Federal health care offense. [6]

“(b) As used in this title, the term “health care benefit program” means any public or private plan or contract, affecting commerce, under which any medical benefit, item, or service is provided to any individual, and includes any individual or entity who is providing a medical benefit, item, or service for which payment may be made under the plan or contract.” (emphasis added).

Private Insurance Overpayment & Patient Credit Balance Repayment Obligations - Liles Parker PLLC (2024)

FAQs

How will you resolve if there is a patient's overpayment or credit on an account? ›

Start By Notifying The Patient Immediately

Most minor overpayment problems can be resolved by offering the patient a standing credit for future services. If they are unhappy with the credit or are no longer in your care, then you are legally obligated to repay the exact amount owed.

How do you handle an overpayment on insurance? ›

Talk to the insurance rep and ask them to explain how they determined their payment amount and understand if they processed the claim correctly. If the payer confirms that they made an overpayment, they should reprocess the claim to show correct payment and send a request for the provider to return the overpayment.

How should our practice handle patient overpayments credit balances? ›

The best practice is to return an overpayment to the responsible payor upon identification. In the case of a credit balances owed to a patient, should a provider be unable to locate the patient or find a valid address to return the overpayment (due to a variety of factors), your State's escheat law must be considered.

What is overpayment recovery in medical billing? ›

​​​​Overpayments Program

The primary function is to recover funds due the Medi-Cal program, thereby reducing the total cost of the program. Overpayment cases are referred by the Audits and Investigations Division (A&I), other auditing and legal agencies, and the Medi-Cal fiscal intermediaries (FI).

What if an insurance company pays you money by mistake? ›

If you receive a payment from an insurance carrier and the entire payment is wrong or not rightfully due to the provider, write “void” on the check and return it to the insurance carrier with an explanation of why the payment was not due.

What is the procedure to resolve an overpayment? ›

When a business receives an overpayment, it is required to notify the customer and to offer to refund the excess amount or apply it as a credit toward a future invoice. The agreed-upon resolution should be documented and implemented quickly.

How long does an insurance company have to refund your money? ›

In terms of processing time, acquiring a refund for your classic car insurance claim typically spans approximately two weeks. This duration, which encompasses roughly 10 business days, accommodates payment methods such as checks or direct deposits.

Is it okay to not return credit balances to patients? ›

If they are still having treatment you can recommend they apply this credit for future balances. However, if there are no future visits to apply this credit to, or if the patient insists they would like the credit sent to them, then you must immediately refund the money.

What happens if you overpay insurance? ›

If the credit is valid, ask the insurance company if they have a process to recoup the overpayment. If the insurance cannot or will not recoup the money, request that they reprocess the claim and send a formal request for a refund.

How can physicians manipulate reimbursem*nt rules for patients? ›

Physicians could manipulate reimbursem*nt rules to help their patients obtain coverage for care that the physicians perceive to be necessary, for example, through ambiguous documentation or by exaggerating the severity of patients' conditions.

What is the primary reason for processing refunds to insurance carriers? ›

Most insurance providers will request a refund if there is an issue with an overpayment.

How do you handle an overpayment from the insurance carrier? ›

If the Insurance Company Overpays:

If they confirm that there's indeed an overpayment issue, request them to process the claim again with the right amount. They'll also have to send you a refund request to initiate a refund.

Am I obligated to pay back an overpayment? ›

California offers the strongest worker protections against bosses clawing back money that they think was overpaid. First, an employer can only recoup money if the worker signs a written agreement outlining the exact terms of repayment.

What is the risk of overpayment? ›

While overpayments can occur inadvertently, they can result in financial imbalances and complications for both the payer and the recipient.To prevent overpayments, it is essential to maintain clear communication, accurate invoicing, robust payment verification processes, and diligent reconciliation of accounts.

How to resolve credit balance in medical billing? ›

A review of the credit balance report, identifying outstanding patient and insurance refund checks, that have not cleared the practice's bank account in over sixty-days, and follow-up with patients and insurance companies to change a mailing address and re-issue a refund check are common credit balance procedures.

How do I deal with Medicare overpayment? ›

When an overpayment is $25 or more, your Medicare Administrative Contractor (MAC) initiates overpayment recovery by sending a demand letter requesting repayment. Immediate Payment: Follow the demand payment letter directions.

When a patient has a credit balance on his or her account? ›

While there are many reasons for credit balance situations to occur, over-payments from payers and excessive payments could be from deductibles, and co-pays are the primary reasons for credit balance. The healthcare provider must refund such amounts to the appropriate party – payer or patient.

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