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16 Rutgers Bus. L.J. 308 (2020-2021)
Don't Cash That Check! Identifying Risks to Medical Billing and Collection Practices under the Doctrine of Accord & Satisfaction

handle is hein.journals/rutgblaj16 and id is 312 raw text is: Don't Cash that Check! Identifying Risks to Medical Billing and Collection Practices under the Doctrine of Accord & Satisfaction Casey W. Baker Assistant Professor of Legal Environment Marshall University William Kent Willis Assistant Professor of Health Care Administration Marshall University Charles Stivason Associate Professor of Accountancy Marshall University ABSTRACT Medical billing practices-especially non-disclosure and balance billing-have been the subject of controversy in recent years, prompting calls for additional regulation. But the existing commercial law doctrine of accord and satisfaction, which is well established in forty-nine states, presents a risk to the collection practices of hospitals and other health care-related businesses that has, thus far, been ignored by existing scholarship. This article examines the doctrine of accord and satisfaction in the context of common hospital billing and collection practices, identifying key aspects of the doctrine for health care administrators to consider. The authors conclude with recommendations to health care organizations for structuring payment processing systems to reduce the risk that medical bills will be legally uncollectable. 308