ComplaintsforComfort Rehab Injury and Wellness

• Initial Complaint

  01/19/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  On 11/29/2021, a consultation for my injuries was completed and Allstate Personal Injury Protection (PIP) claim information was provided to Comfort Rehab, P.A. in Cedar Hill, Texas. The initial treatment for rehab was completed 11/30/2021. I also requested my medical records and an invoice for services rendered on November 30, 2021 and was advised the information would be emailed. The information was not received. After multiple requests an invoice was provided and indicated I was erroneously billed for treatment/services not rendered. The invoice indicated treatment for Kinetic Exercises on December 7th and 9th, 2021. The invoice was corrected, however the fees associated for services not rendered was rolled into other fees with the total invoice amount remaining the same. A review of a Public Records Search indicated a Claim of Lien Medical Services dated December 1, 2021, and recorded December 2, 2021, was filed with the Dallas County Clerk by Comfort Rehab, P.A. It appears the lien was filed one day following my initial treatment. Review of the Texas Property Code indicates Comfort Rehab, P.A. intentionally filed a fraudulent hospital lien. According to Texas Law, hospital liens do not apply to Personal Injury Protection (PIP) claims. As a result, Comfort Rehab, P.A is liable for intentionally creating a negative consumer profile against me. Texas Law Violations: * Texas Property Code Section 55.002(a), Section Sec. 55.003 (b), and Sec. 55.005 (b)(2)(4) * Chapter 12 of the Texas Civil Practice & Remedies Code Sec. 12.XXX (X) (X) (X) Issues: Requested Medical Chart Records 11/30/2021 received 1/17/2022. Erroneous Billing Issues. Billed for Treatment of Kinetic Exercised on 12/7/2021 and 12/9/2021 for services not rendered. Frauduent filing of a Claim of Lien Medical Services for a Personal Injury Protection (PIP) Claim recorded 12/2/2021 and initial bill sent to Allstate on 12/9/2021 and 12/31/2021. (see attached documents)

  Business response

  03/15/2022

  Business Response /* (1000, 5, 2022/02/01) */ Comfort Rehab response to ******** ****** complaint. Mrs. ****** was examined as a new patient at Comfort Rehab on 11-29-2021; she then had a follow up on 11-30-2021 to go over her treatment plan and was given a chiropractic manipulation. She was provided her invoice on 12-9-2021. She reviewed the invoice and informed us that she was not provided kinetic activities. Leticia, the office manager spoke with the physical therapy aides and confirmed all exercises that were provided. The kinetic activities were found to be the incorrect code; it should have been therapeutic exercises. That was corrected. The codes for 97530 Kinetic activities are priced at $60 as well as 97110 Therapeutic exercises. The fees were never rolled over into a different invoice but corrected to the right codes that she was provided to the patient. Comfort Rehab did not intentionally create a negative consumer profile against Mrs. ******. Per National Consumer law its states as follows: Medical debt does not affect your credit score unless it's reported to a credit bureau, and virtually no hospital or medical provider will report the debt directly, according to the National Consumer Law Center (NCLC). However, they might turn it over to a collection agency, which might report it.Aug 8, 2019 Our office did file a medical lien for medical services with Dallas County. We do this for 3rd party, PIP, and med pay claims along with our assignment of benefit for those insurance to pay our bills directly to our office. It is released once payment is received within 48 hours. Our office did not break Texas property code Section 55.002A, Section Code 55.03b or section 55.005. Those are stated for emergency hospital liens, and our office filed a CLAIM OF LIEN MEDICAL SERVICES. Our office did not break The Texas Civil Practices and Remedies code. When our office was informed of the Kinetic Activities codes on her bill on XX-X-XX and XX-X-XX it was corrected. Mrs. ****** confirmed the correct charges and was satisfied with the bill. In conclusion, our office did confirm that All-State will be paying us X-XX-XXXX and the Lien was released on 1-19-2022. I have attached the release as well. Consumer Response /* (3000, 7, 2022/02/04) */ (The consumer indicated he/she DID NOT accept the response from the business.) I do not accept the business' response. Please be advised it is irrelevant that a "Medical debt does not affect your credit score unless it's reported to a credit bureau". The issue is that Comfort Rehab, PA erroneously/illegally filed a Medical Lien of Public Record visible to employers and other entities creating negative information of my public profile when Texas Law specifically states Medical liens CANNOT be filed for PIP claims. In addition, the fees adjusted on the invoice were rolled into other fees as an adjustment to the billing. Business Response /* (4000, 9, 2022/02/15) */ The Texas Law Code, was amended in September 1, 2011 to include the liens can be filed but not upheld on PIP and Med pay claims. Comfort Rehab has been open since 2003 and has been using liens for multiple types of cases and was unaware of the change in 2011. We have updated our policies, once this issue was brought to the company's attention. In the first complaint the resolution stated she wanted the lien released. That has been done and proof given on 1-19-2022. The company has stated we have resolved all issues including changing the codes that were incorrect to be the corrected ones as stated in the last response. Our records and bills were corrected before sending out any bills to be reviewed for payment. We have attached an email from Mrs. ****** wrote to our office as well as her adjuster on her PIP claim, informing them to pay her outstanding balance directly to Comfort Rehab. That email was dated X-X-XXXX and no additional changes to her account have been made. Comfort Rehab had no reason to believe she was dissatisfied at this point or further with any of her billing charges. Consumer Response /* (4200, 11, 2022/02/18) */ (The consumer indicated he/she DID NOT accept the response from the business.) I respect the fact that Comfort Rehab has updated their policy of filing medical liens for PIP claims once this issue was brought to the company's attention (public records Comfort Rehab was established in 2008). However, as a Provider Comfort Rehab is responsible for adhering to and remaining compliant with regulations and state laws which impact their business. Although, Comfort Rehab has indicated they have changed their business practices, the issue remains that they have negatively impacted my Public Profile as a Consumer. As indicated previously, the Medical Lien should have been stricken/removed from Public record and not just released. Please be advised I work in Financial Services and their violation of the law will appear in ANY employment background check and will appears as if I am not responsible for my finances and will affect future employment opportunities. The resolution required is that the lien be REMOVED from Public record. As a result of Comfort Rehab's non-compliance to Texas State Law a Complaint has been filed with the Texas Board of Chiropractic Examiners (TBCE) and a complaint will also be filed with the Attorney General of Texas.

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