Doctors Cannot Make Injured Workers Pay The Bill
Sometimes a medical care provider will demand an injured worker to pay his or her own medical bills. This is illegal. And it happens all the time.
Alaska Statute 23.30.097(f) bars collection of fees or charges for medical treatment or services provided under the Alaska Workers Compensation Act from the Employee. Efforts to collect such a fee from an employee may also constitute unlawful trade practice under AS 45.50.471(a) and AS 45.50.471(b)(14) by the person referring the alleged debt to a collection service and the collection service attempting collection of the debt.
When The Doctor Can't Get Paid
There are a couple of reasons why a doctor’s office might bill an injured worker:
- The billing clerk doesn’t know the law, or
- The insurance company didn’t pay the bill.
The doctor’s office can file its own claim before the Alaska Workers Compensation Board to recover unpaid bills. They have filed and they have won.
Provider Filed Claim and Won
In the April 16, 2021, decision in Alaska State Commission for Human Rights vs United PT, the State of Alaska had filed a retroactive controversion of medical benefits – after the treatment had been rendered. United PT filed a claim before the Board. The Board ordered the State of Alaska to pay United PT $510.
The State of Alaska appealed to the Alaska Workers Compensation Appeals Commission. It lost its appeal.
The State of Alaska appealed to the Alaska Supreme Court. It lost again.
The short story is the State of Alaska paid its attorney and ended up having to pay United PT’s attorneys thousands of dollars just so it could avoid a $510 bill.
To read the full opinion, go to the Alaska Court System slip opinion page, scroll down to the date and click on the page icon. The pdf will download https://appellate-records.courts.alaska.gov/CMSPublic/Home/Opinions?isCOA=False
Employee's Rights
If the provider demands the injured worker to pay its bill, the recourse is to file a complaint with Consumer Protection. For more information, check out my blogpost: https://www.keenanpowell.com/blog/2014/05/23/can-doctors-bill-you-for-a-workers-compensation-injury/
Call a Lawyer
Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 35 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases. www.keenanpowell.com.
All consultations are free. To make an appointment, email: keenan@keenanpowell.com or call: 907 258 7663.