Medical Park Tower Surgery Center

I am writing in response to the letter we received on Friday, March With regard to the complaint referenced above, we have made every attempt to aright the situation with the [redacted] family and there has been no breach with respect to protected health information (HIPPA) There is a thread of truth in Ms [redacted] story, however it is a far different situation than she described We have made every attempt to communicate with the [redacted] family I sent certified mail to Mr [redacted] (patient of record) and our CEO [redacted] has made attempt to reach Mr [redacted] by phone I will outline to you what happened and hope it makes sense to you.We have a very strict policy that all credit balances (refunds due) are to be issued within days of the credit balance being posted.I am the business office manager and am the only person that is trained to post payments.I posted an unapplied payment in the amount of to the account of a Mr [redacted] *** Unapplied payments mean they sit in the patient’s account as a credit balance until we receive operative reports from physicians for surgical procedures so they can be medically coded and charges entered The unapplied payment is then posted to the charge This can also occur if a patient chooses to make a pre-payment for their procedure so they don’t have to bother with financials at the time of service ***This is where our mistake (my mistake) occurred We have another patient by the same name[redacted] I posted another patient’s payment to this Mr***’ account as it looked like a prepayment for upcoming surgery since he was in our system with no charges yet entered Upon my monthly review of credit balances, I saw the notes that THIS [redacted] ***’ procedure had been cancelled I therefore authorized what I thought was their $prepayment to be refunded to the wrong party.It is imperative to note that it was Ms [redacted] who brought the error to our attention, stating she had received a check but did not know what it was for My employee told her we would investigate and get back to her By the time we called the patient back, not Ms***, the check had been cashed They knew the check was issued in error and cashed it anyway.We received no indication that the ***’s planned to return the funds that did not belong to them, only a request for an invoice Since he had not had a procedure at our facility, I had nothing to invoice (no charges on our books) and explained that to them.The certified letter I sent outlining the situation, which should have sufficed as an invoice of sorts, was returned to me I asked patients’ permission to send via email, and got a response of a couple of key strokes that made no sense, save that I know they received it.Mr [redacted] attempted to reach Mr [redacted] by phone, unsuccessfully I consulted with our legal department who advised us to turn the matter over to the authorities Out of leniency, however, and with the help of our corporate office, I was able to enter a miscellaneous CPT codes into our system for “Refund issued in error” so charges could be put back on the books and the patient could receive a statement Note: I have referred to Mr [redacted] as “patient” Even though his procedure was never performed (cancelled) we did receive orders from his surgeon We are therefore in possession of protected health and personal identifying information and must by law consider him a patient of record.The patient has been sent a formal statement or invoice as they requested They do know they did not receive services of any kind at this facility, and we feel it would be the logical conclusion that the $we inadvertently sent to the wrong [redacted] does not belong to them We simply have asked that the funds be returned Now that it is on our books, we will follow our established collections policies In order for this account that has $aging since December to stay out of collections, Mr [redacted] really needs to contact our office We will be happy to make arrangements with him It is our position that the above referenced complaint is a bullying tactic to get us to halt our recovery efforts As the business office manager, I have a fiduciary responsibility to follow our protocols as outlined in our policies and procedures The patient on whose account the funds should have been posted has been properly credited I acknowledged and apologized for my human error That does not entitle Mr***, however, to keep money that does not belong to him.I am aware of no HIPPA violations as alleged.Please feel free to call with any questions I would greatly appreciate your assistance in getting this matter resolved Thank you in advance for your help.Regards, [redacted] ***Business Office ManagerMedical Park Tower Surgery Center [redacted] , Ste [redacted] TX 78705***.***[redacted] (main)***.***[redacted] (direct)

Staff made multiple calls to me before my surgeryI was given different/conflicting info in eachSeems theydon't know muchOn the day of my procedure, I waited about mins before being called back, then another or so before surgeryThey make you arrive an hour early for their convenienceDuring the procedure, the doctor and assistants chatted about their personal stuff rather than explaining what they were doing to me--I was fully conscious throughout, so there was no reason not to give me as much info as possibleI asked for my MRI to take to my other physician afterward and was told they couldn't give it to meAll in all, impersonal and unpleasantWould not recommend this center

I am writing in response to the letter we received on Friday, March 24.  With regard to the complaint referenced above, we have made every attempt to aright the situation with the [redacted] family and there has been no breach with respect to protected health information (HIPPA).  There is a...

thread of truth in Ms. [redacted] story, however it is a far different situation than she described.  We have made every attempt to communicate with the [redacted] family.  I sent certified mail to Mr. [redacted] (patient of record) and our CEO [redacted] has made attempt to reach Mr. [redacted] by phone.  I will outline to you what happened and hope it makes sense to you.We have a very strict policy that all credit balances (refunds due) are to be issued within 30 days of the credit balance being posted.I am the business office manager and am the only person that is trained to post payments.I posted an unapplied payment in the amount of 700.00 to the account of a Mr. [redacted].  Unapplied payments mean they sit in the patient’s account as a credit balance until we receive operative reports from physicians for surgical procedures so they can be medically coded and charges entered.  The unapplied payment is then posted to the charge.  This can also occur if a patient chooses to make a pre-payment for their procedure so they don’t have to bother with financials at the time of service.  [redacted]This is where our mistake (my mistake) occurred.  We have another patient by the same name.[redacted]  I posted another patient’s payment to this Mr. [redacted]’ account as it looked like a prepayment for upcoming surgery since he was in our system with no charges yet entered.  Upon my monthly review of credit balances, I saw the notes that THIS [redacted]’ procedure had been cancelled.  I therefore authorized what I thought was their $700.00 prepayment to be refunded to the wrong party.It is imperative to note that it was Ms. [redacted] who brought the error to our attention, stating she had received a check but did not know what it was for.  My employee told her we would investigate and get back to her.  By the time we called the patient back, not Ms. [redacted], the check had been cashed.  They knew the check was issued in error and cashed it anyway.We received no indication that the [redacted]’s planned to return the funds that did not belong to them, only a request for an invoice.  Since he had not had a procedure at our facility, I had nothing to invoice (no charges on our books) and explained that to them.The certified letter I sent outlining the situation, which should have sufficed as an invoice of sorts, was returned to me.  I asked patients’ permission to send via email, and got a response of a couple of key strokes that made no sense, save that I know they received it.Mr. [redacted] attempted to reach Mr. [redacted] by phone, unsuccessfully.  I consulted with our legal department who advised us to turn the matter over to the authorities.  Out of leniency, however, and with the help of our corporate office, I was able to enter a miscellaneous CPT codes into our system for “Refund issued in error” so charges could be put back on the books and the patient could receive a statement.  Note:  I have referred to Mr. [redacted] as “patient”.  Even though his procedure was never performed (cancelled) we did receive orders from his surgeon.  We are therefore in possession of protected health and personal identifying information and must by law consider him a patient of record.The patient has been sent a formal statement or invoice as they requested.  They do know they did not receive services of any kind at this facility, and we feel it would be the logical conclusion that the $700.00 we inadvertently sent to the wrong [redacted] does not belong to them.  We simply have asked that the funds be returned.  Now that it is on our books, we will follow our established collections policies.  In order for this account that has $700.00 aging since December to stay out of collections, Mr. [redacted] really needs to contact our office.  We will be happy to make arrangements with him.  It is our position that the above referenced complaint is a bullying tactic to get us to halt our recovery efforts.  As the business office manager, I have a fiduciary responsibility to follow our protocols as outlined in our policies and procedures.  The patient on whose account the funds should have been posted has been properly credited.  I acknowledged and apologized for my human error.  That does not entitle Mr. [redacted], however, to keep money that does not belong to him.I am aware of no HIPPA violations as alleged.Please feel free to call with any questions.  I would greatly appreciate your assistance in getting this matter resolved.  Thank you in advance for your help.Regards,[redacted]Business Office ManagerMedical Park Tower Surgery Center[redacted], Ste. [redacted] TX 78705[redacted].[redacted].[redacted] (main)[redacted].[redacted].[redacted] (direct)