do medical offices have to report patient credit balances to the state of texas

by Ottilie Treutel 5 min read

Medical Debt - Guides at Texas State Law Library

33 hours ago  · If the patient’s credit balance is more than $250.00, the holder must send a letter by May 1, 2019, notifying the patient of the credit balance and offering to pay it over to the patient directly. >> Go To The Portal


A physician must use best efforts to return the overpayment. Moreover, the Texas Legislature in 2007 passed SB 1731 that requires physicians to return any overpayment to a patient within 30 days after an overpayment is noted. The law was intended to be a strong consumer protection effort. There is no minimum balance exception in the law.

Full Answer

What is a credit balance on a patient account?

Credit balances on patient accounts are common, especially in the healthcare industry where the patient, insurance company, and sometimes government programs will all be making payments on one account. In this example, a patient agrees to accept services for which the dental practice will charge $550.

What are the laws for refunding patient payment credits?

Refunding Patient Payment Credits Laws 1 (1) If the patient requests a refund, within 30 days following the request from that patient for a refund if the... 2 (2) If the patient does not request a refund, within 90 days of the date the physician and surgeon or dentist knows, or... More ...

Are You protected from balance billing?

You are protected from balance billing if you are enrolled in an HMO, PPO, or EPO that is regulated by the State of Texas or are enrolled in certain state group health plans (ERS group plan, TRS-Care, or TRS-ActiveCare).

What are the rules for out-of-network medical bills?

The law authorizes arbitration (for doctors) and mediation (for facilities) to resolve payment disputes in those cases. The law carves out a narrow exception when a consumer chooses an out-of-network doctor or provider at an in-network facility. The rules apply to bills for medical services received on or after January 1, 2020.

Can a medical office keep a credit card on file?

Patient Credit Card Info Many physicians find credit cards to be the easiest way of accepting payment, and some will even keep their patient's credit card information on file in the event that a patient fails to pay their bill. This helps avoid what can oftentimes be a lengthy and arduous collections process.

When a patient has credit balance?

Credit Balance – refers to overpayments received in addition to the charges for the medical services provided. Simply put, it is the excess payment made incorrectly by either the payers, the insurance company, or the patient to the healthcare organization.

How do you handle patient overpayments and refunds?

If the patient overpays: Contact the patient and explain the overpayment. Determine whether they want to receive a check or an account credit. If the patient will not return to your practice, immediately send a check for the overpaid amount. Include a note explaining the overpayment and the reason.

How long does a medical provider have to bill you in Texas?

Texas has a law requiring that health care service providers bill a patient no later than the first day of the 11th month after services were provided.

What is a credit balance in healthcare?

What is a credit balance? Credit balances occur when improper payments and adjustments are made to the practice and exceed the related posted charges. Often they are the result of increasingly complicated healthcare billing and payment processes.

What is negative balance in medical billing?

A negative balance indicates that your bill was overpaid and that you may be eligible for a refund.

Can insurance company request money back?

Under California law, if a provider does not contest a notice of overpayment, he or she is required to reimburse the insurance plan for the amount requested, within 30 working days of receipt of the notice.

What does recoupment mean in medical billing?

A: A recoupment is a request for refund when we overpay an account. Some of the most common reasons for a recoupment are: We are not aware of a patient's other health insurance coverage.

What should you do if Medicare overpays you for patient treatment?

If Medicare Finds the Overpayment You can reply using the Immediate Recoupment Request Form, request immediate recoupment via the eRefunds or Overpayment Claim Adjustment (OCA) features in the WPS-GHA portal, or wait for Medicare to implement their standard recoupment process.

Can medical debt affect your credit in Texas?

Unfortunately, when people can't pay their medical bills, costs turn into mounting medical debt that compromises patients' health and financial security, harms their credit scores, and can even limit a patient's housing and job opportunities.

Is balance billing legal in Texas?

Texas and federal laws protect Texas consumers with state-regulated health plans from surprise bills. Federal law bans balance bills for air ambulance services received on or after January 1, 2022. State law bans balance bills for the following received on or after January 1, 2020: Emergency care.

Does medical debt affect credit score in Texas?

“Texas patients should never be financially penalized when they receive care from an out-of-network doctor or hospital they did not choose, especially in an emergency. Thanks to this new law, patients' personal credit will no longer be negatively impacted by surprise medical bills in Texas.”

What is the Texas Association of Health Plans CEO?

Texans keep getting outrageous surprise bills for thousands or tens of thousands of dollars, putting them into medical debt they don’t deserve,” said Texas Association of Health Plans CEO and registered nurse Jamie Dudensing.

Does Texas have surprise billing?

The law takes effect immediately and represents a major step in protecting consumers from the long-lasting damage that can result from surprise billing in Texas, where patients are at an uncommonly high risk of receiving expensive surprise bills.

What is balance billing in Texas?

The start of the new year brings with it some new laws to Texas, including one that will affect patients and their health care providers. The law is intended to prevent patients from receiving surprise medical bills, a practice known as balance billing.

Who is affected by the Texas health insurance law?

Who is Affected? The change in law is significant, but it will only affect people whose health insurance is through fully insured plans that are regulated by the state of Texas. If your health insurance claims are paid directly by your insurance company, you have a fully insured plan. These plans are regulated by the Texas Department ...

How is a billing dispute settled?

In cases when agreement cannot be reached between the provider or facility and the insurer, the dispute will be settled via mediation when a facility is involved and arbitration when a provider is involved. In either case, the patient is not a party to the billing dispute.

Why do you get balance billed for gallbladder surgery?

Here are a couple of scenarios where a patient might be balance billed: Because you’ve been having problems with painful gallstones, your physician advises you to have your gallbladder removed. You schedule the surgery after confirming that the surgeon is in your plan’s network.

What is the Texas bill 1742?

That’s why Texas physicians led the effort in 2019 to pass Senate Bill (SB) 1742, which requires health plans to clearly identify physicians who are in their networks, grouped by specialty area. This law will help patients better understand what providers are actually included in their plan’s network.

Does Texas have surprise billing?

These plans are regulated by the Texas Department of Insurance (TDI) and are subject to the new surprise billing law. However, the majority of people in Texas with health insurance are covered by their employer in a self-funded plan. That means the employer pays the health claim, even if it contracts with an insurance company to administer ...

Is Medicare a surprise billing law in Texas?

Additionally, health coverage through the Health Insurance Marketplace, Medicare and the Veterans Administration are not subject to the Texas surprise billing law.

What bill prevents balance billing?

Senate Bill 1264, passed by the 86th Legislature prevents balance billing when consumers don’t have the option to see a provider in their health plan’s network. .

What is balance billing?

Balance billing can occur when consumers get care or medical supplies from out-of-network healthcare providers, such as doctors, hospitals, or labs. Out-of-network providers do not have a contract with your health plan.

Is a PPO protected from balance billing?

You are protected from balance billing if you are enrolled in an HMO, PPO, or EPO that is regulated by the State of Texas or are enrolled in certain state group health plans (ERS group plan, TRS -Care, or TRS -ActiveCare).

Can you charge a nonrefundable fee for out of network care?

Out-of-network providers cannot charge you a nonrefundable fee, deposit, or cancellation fee before you decide to choose the out-of-network care and waive your rights from balance billing protections.

Can you waive balance billing?

Senate Bill 1264 allows you to waive your protections from balance billing if you choose to see an out-of-network provider at an in-network facility. This is only allowed in cases where you have a choice between seeing an in-network or out-of-network provider.

What is a compliance report?

fiscal year), and due diligence requirements. The compliance report consists of a holder verification or cover sheet and a National Association of Unclaimed Property Administration (NAUPA) file. Each state has its own holder verification/cover sheet. The NAUPA standard electronic file is a common form used by all jurisdictions, contains the detailed information regarding the unclaimed property, and supports the state holder verification/cover sheet.

How long can a state retain records?

Since many businesses do not retain records for the level of detail required for more than a seven-year time period , the state governments are allowed to use statistical sampling to extrapolate the liability in years under audit where records are no longer available.