Consumer complaint received 2023-11-03
Company: AMCOL Systems, Inc.
State: OK
Product: Debt collection
Sub-product: Medical debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I received a letter dated XX/XX/2023 from AMCOL , Inc. purporting to collect a debt on behalf of XXXX XXXX XXXX XXXX ( " XXXX '' ). AMCOL 's reference number is XXXX, and XXXXXXXX XXXX account number is XXXX. XXXX is not entitled to the amount in dispute by virtue of the federal No Surprises Act ; and therefore, AMCOLs attempts to collect this amount are impermissible, thereby violating violate the Fair Debt Collections Practices Act ( FDCPA ). 

I visited the emergency room at XXXX on XX/XX/2023. XXXX billed my insurance XXXX, XXXX, for the visit, and was paid a substantial amount. XXXX has unlawfully attempted to bill me for the balance of an emergency room bill in excess of XXXX responsibility. XXXX has called me numerous times and sent me numerous bills, attempting to collect various amounts, most of which were higher than the {$1600.00} claimed in AMCOLs recent letter. I have already commenced a dispute with XXXX through the No Surprises Help Desk, complaint number XXXX, yet XXXX wrongfully and unlawfully sent this account to collections despite its actual knowledge that the dispute resolution process has been commenced. 

XXXX is prohibited from collecting this bill which is a balance bill for emergency services, and therefore, a surprise medical bill pursuant to the No Surprises Act. More specifically, the No Surprises Act states that : In the case of a participant, beneficiary, or enrollee with benefits under a group health plan or group or individual health insurance coveragewho is furnishedemergency services ( for which benefits are provided under the plan or coverage ) with respect to an emergency medical condition with respect to a visit at an emergency department of a hospital or an independent freestanding emergency department in the case that the hospital is a nonparticipating emergency facility, the emergency department of a hospital shall not bill, and shall not hold liable, the participant, beneficiary, or enrollee for such emergency services so furnished that is more than the cost-sharing requirement for such servicesand in the case that such services are furnished by a nonparticipating provider, the health care provider shall not bill and shall not hold liable, such participant, beneficiary, or enrollee for a payment amount for an emergency medical condition and visit for which the individual receives emergency services at the hospitalthat is more than the cost-sharing requirement for such services furnished by the provider See 42 U.S.C. 300gg-131 ( a ) ( in pertinent part ) ( emphasis supplied ) ; See also 42 U.S.C. 300gg-111, et seq. 

I am a participant, beneficiary, and enrollee of a health insurance plan furnished by XXXX, which provides coverage for emergency services at both participating and nonparticipating facilities. I received emergency services for an emergency condition from XXXX, who is a nonparticipating provider under XXXX plan. XXXX billed XXXX, and was paid the amounts owed pursuant to the applicable cost-sharing services. Now, despite the broad and unequivocal prohibitions of the No Surprises Act, XXXX is billing me and attempting to hold me liable for a payment in excess of the amounts XXXX owed it as a nonparticipating provider of emergency services. XXXX, by trying to charge and collect a surprise medical bill from me, is brazenly violating the law, and AMCOL is aiding and abetting those violations. 

The FDCPA prohibits the use of false, deceptive, or misleading representations in the collection of any debt, including false representations of the legal status of any debt. AMCOL, by attempting to collect an amount that is expressly prohibited by federal law, is violating the FDCPA. In fact, this very scenario is such an obvious violation of both the No Surprises Act and FDCPA that it is the example given in an article on the CFPB website on the subject : For example, if you have insurance, a debt collector who claims you owe a debt arising from charges at out-of-network rates for emergency services could violate the FDCPA if those charges exceed the amount permitted by the NSA. Courts also have ruled that collecting an amount that exceeds what is owed would violate the FDCPA prohibition on unfair or unconscionable debt collection practices. 

See What Should I Know About Debt Collection and Credit Reporting if My Medical Bill was Sent to Collections? https : //www.consumerfinance.gov/ask-cfpb/what-should-i-know-about-debt-collection-and-credit-reporting-if-my-medical-bill-was-sent-to-collections-en-2122/ There is no question that XXXX and AMCOL are violating the No Surprises Act and the FDCPA by trying to unlawfully collect an amount prohibited by federal law. It is indisputable, and neither entity could ever hope to get a judgment to collect this amount.

Company response to consumer: Untimely response