Provided by: Jennifer Kirschenbaum, Esq.
December 12, 2017
I fired my billing company but do not have all of my claims that were submitted. How do I get my data?
Dr. K, why didn't you reach out BEFORE firing your billing company? Please send me your contract. The terms of your billing contract will govern the responsibilities of the parties. Hopefully your contract states the billing company is responsible for providing you reports and access to data on termination, or otherwise, that the billing company maintains on your behalf or has generated on your behalf. Oftentimes creating or transmitting same to you will be subject to a fee - which is typically in the contract as well. Another place to look may be your business associate agreement between you and the billing company. There may be teeth in there to make a demand for return of the data. If not, and we are out of luck for a basis in both agreements, I recommend we seek to negotiate release, even in exchange for a fee (assuming you actually require the data). Very bad spot to be in. Going forward, maintain back ups of all data, and be sure you have the access and rights you need secured by contract BEFORE signing, and data in hand BEFORE firing.