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Re: when a patient's parent declares bankruptcy

At 02:34 AM 7/2/98 -0400, David L. Arkin wrote:

>I'd like to respectfully disagree with Michael Sachs regarding receiving
>payment from families who have declared bankruptcy.  We have had many
>families in our practice either have their accounts turned over for
>collection or declare bankruptcy, who subsequently have gone on to pay
>off their bills and become steady, paying patients.

There's quite a difference between collections and bankruptcy.

Families who've been sent to collections have been given several
opportunities to call or write and make at least a token payment in
anticipation of working out a payment plan and/or discount.  When they at
least contact us we try almost anything to avoid sending them to
collections.  After enough letters and phone calls have been ignored it's a
fair assumption that the family has no intention of paying the bill.  This
may not always be the case (maybe they've moved or changed phone numbers),
but I'd say it is far more often than not.  I've only had one family who
went to collections and then came back - and it was made clear it would be
on a cash only basis.

There are different types of bankruptcy.  Someone can correct me if I'm
wrong, but when a family declares bankruptcy I believe they're permitted to
keep a certain amount of cash and certain possessions  to live on, then the
rest is liquidated to pay off the (usually numerous) creditors.  In a
Chapter 11 bankruptcy, there will be some assets distributed to the
creditors, though it may be pennies on the dollar.  In Chapter 7 (which is
what I've usually seen), there's basically nothing left and the creditors
will be paid nothing. In general, each creditor is paid based on their
individual percentage of the total amount owed to all the creditors
involved.  So if a family owes $100,000 to all involved and their bill to
the provider is $500, the provider will receive 0.5% of the total assets
liquidated for distribution.  However much the court assigns to be paid to
the provider is all that can be collected - the rest of the debt is wiped
clean.  Of the dozen or so families who've gone this route since I've been
in practice, I've never collected any of the amounts owed and none of the
families have ever returned to the office once the proceedings were done.

>You have to help these families (and all your patients) control their
>expenses by not letting them "string you along".  In other words, you
>have to stay on top of collections, not let people run up huge bills in
>the hope they'll eventually pay you.  Debts should not get "old" before
>you try to collect them.  Many families in our practice have had accounts
>turned over for collection for amounts as small as $25 or $30, if no
>payment has been made for more than 90 days.  This represents a
>manageable sum for a struggling family, one which they are more likely to
>pay off.  Afterwards, we take them back on a cash-up-front basis.
>

I agree that we shouldn't let bills get too large, but, especially with
newborns, it can be tough to avoid or anticipate.  A typical example would
be a new family assigned by an OB.  Two hospital visits, 5 office visits, a
couple of sets of vaccinations, and suddenly the bill is several hundred
dollars.  The insurance has been billed and the family has been paying
their $5.00 co-pay.  Now the denial notices come in from the insurance
company - the premiums haven't been paid, the child wasn't covered, and the
family is never seen again.



>Of course, in unusual situations, we have provided services gratis.  But
>we always put a time limit on such situations at the beginning, such as 6
>or 12 months.

When an established family is going through tough times we all certainly
want to help.  But it's tough to distinguish the folks who truly need help
from those who will take advantage of you.  I know I've heard families cry
poor, yet their kids are in $12,000/yr private schools and the family rides
around in a brand new Lexus.  Every time they come in (frequently with 2 or
3 kids to be seen) they run up $50 or $100 or more in charges and make a
payment of $25.   Before too long there can be a $500 or $1000 balance.  A
family truly going through tough times will have a really hard time paying
it off even if they want to, and a family taking advantage of you will
change providers as soon as they realize you'll not put up with their stall
tactics any longer.


>In short, we have certainly lost patients and money due to bankruptcy,
>but the situation is not as bleak as you might think.

I agree it's not totally bleak and staying on top of collections will help
prevent the problem in the first place.  In any business a certain amount
of receivables will always be written off as bad debt.  There are a couple
of aspects to medical providers which make it a little different than most
businesses.  First, almost all services are provided on credit, with the
assumption that either the patient or an insurance company will eventually
pay the bill.  Also, legally, someone can come in and has to be seen even
if they were to say to our face "I'm never going to pay this bill!"  Unless
a letter discharging the family had been sent one month earlier, to not see
them could be considered abandonment.  Then morally, most health care
providers in general make finances secondary to medical care.  I think most
of us have to be pushed pretty hard before discharging a patient due to
non-payment.  I'd wager a guess that if different professions were
compared, medical offices wait a lot longer than most other businesses
before resorting to this last step.



Michael Sachs, M.D.
General Pediatrician