Wiki Workers Comp and Credit Card Policy

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pchamp25

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I work in an ASC facility in NH and I know each state has different laws regarding workers compensation claims but I am looking for some help as we currently have a credit card policy where we require all patients to leave a credit card on file except for some insurances, such as Medicaid. We were not collecting credit cards from patients who had workers comp insurance but now my manager is wanting to start collecting credit cards on these patients as well. I feel like this is not appropriate as we can't bill the patients after the workers comp claim is processed and we can't bill the commercial insurance if we want more money so there wouldn't be any patient responsibility either way. Does anyone collect credit cards, if you have a policy to do so, on workers comp patients? Has anyone found if this is legal or not? I can't seem to get a clear answer from my state's DOL website so was curious how other offices might be handling this type of situation.
 
This is my opinion, I would not do it. WC requires authorization beforehand (unless ED or emergent type, 1st report visit) so there should not be an instance where any question as to who pays or the patient paying would come into play in the ASC. I have seen a lot of instances where a patient may be seen by a large group or practice for WC and non-WC issues, then I might consider it but it would have to be kept separate.
This should be a question/decision handled by the management, compliance, legal and higher levels of your organization.

What is the reasoning for wanting to keep a card on file for WC? How many times are WC claims being unpaid? There should not be any if it was pre-auth'd; provided coded correctly, etc. but those would be corrections or rejections not denials.

It could also anger the patient and put you at risk. They may even choose to go somewhere else. What if someone makes an error and the card is charged and the injured worker incurs fees and problems due to not knowing the card was charged? What if the patient is billed accidentally?

If OWCP does not pay my provider's bill in full, am I required to pay my provider the difference between what was billed and what OWCP paid?​

If a provider's bill is reduced by OWCP in accordance with its fee schedule or other tests of reasonableness, the provider is not allowed to charge you as a claimant for the remainder of the bill. If an authorized service has been rendered for your accepted work-related condition, you are not responsible for charges over the maximum allowed in the OWCP fee schedule. 20 C.F.R. §10.801 (d) provides that by submitting a bill and/or accepting payment, the provider signifies that the service for which reimbursement is sought was performed as described and was necessary. In addition, the provider thereby agrees to comply with all regulations concerning the rendering of treatment and/or the process for seeking reimbursement for medical services, including the fee schedule's limitation imposed on the amount to be paid for such services. See also 20 CFR §10.813.

Here is the risk if you make a mistake and accidentally bill the card:
"(c) The commissioner may assess a civil penalty of up to $2,500 on any health care provider who without sufficient cause, as determined by the commissioner, bills an injured employee..."
 
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