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Overpayments

I am in South Carolina. I have a patient that has 3 insurances. Medicare as primary, (per medicare) BCBS is secondary, and they cross over the claims, and Aetna as tertiary. Aetna has paid on all claims acting as secondary.I have sent refunds to Aetna, with Medicare and BCBS EOB's, along with letters explaining they are tertiary. I cannot get the patient to answer her phone to make Aetna aware that they are tertiary. Aetna keeps returning my refunds. What do I do with the money they refuse to take back? I read an article that stated as long as all amoounts are under our billed amount we are able to keep this. But I feel that may not be legal. Any solutions?
 
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