Independent Medical Examinations: 10 Common Myths!

5 Provider Misconceptions: 

1. If the PIP insurer utilizes an IME doctor, I should stop billing PIP and bill the patient’s health insurance.

This is incorrect for the following reasons:

  • If you do not continue billing PIP your bills will not be reimbursable by the PIP insurer.
  • The PIP statute requires all bills be sent in within 35 days of the last date of service, unless you send in a Notice of Initiation of Treatment, or unless you are a Hospital or Emergency Service Provider
  • Continue billing the PIP insurer to ensure reimbursement down the road. As long as your bills are submitted in a timely fashion you stand to receive some PIP money.

2. IME doctors are given immunity, in that they do not sit for Depositions nor do they have to appear in court. I do not want to waste my time with these claims.

NO, NO, NO! We request the IME Doctors Deposition immediately after filing suit. If the PIP insurers’ attorney refuses to give us dates, we subpoena the doctor for deposition. We will pick apart the IME report clearly prepared at the PIP insurer’s request.

TIP: Did you know most IME doctors do not review your patient’s records prior to the examination!

3. My patient will never attend an IME for two reasons: 1)He/she will not pay for the mileage and 2) He/she will not pay for the costs of the examination.

Transportation costs are reimbursable! Your patient need only submit a mileage sheet to the insurer for the travel time to and from the IME. Neither you nor your patient pay anything. The actual examination is paid for by the PIP insurer. Moreover, the IME costs DO NOT count against your patient’s policy of insurance.

4. I should not continue treating my patient after an IME Cut-off, he does not have health insurance and the treatment will not be paid by PIP.

This is one of the WORST strategies to employ.

Continue treating your patient! Insurers utilize IME’s all of the time to harass and encourage your practice to stop treating patients. We can defeat the insurer’s IME Cut-off. However, to ensure your patient’s full recovery, continue treating the patient, even in the absence of a secondary insurance source.  We have an extremely high success rate collecting reimbursement for IME Cut-offs.

As you know, most patients become repeat clients. Secure your future and continue billing PIP!!!!

5. I was told not to coach or tell my patients anything about the IME process because insurers frown on this.

NO!!! Do not fall into the insurers trap. You should absolutely educate your patients about the IME process.

Fill them in on what they should expect:

  1. 20-30 Minute examination performed by an independent medical examiner
  2. The IME doctor will ask questions about:Accident history
    • Current complaints
    • The current course of treatment
    • Treatment in the past for same/similar injuries
    • Effectiveness of the treatment
  3. The examination should consist of:
    • Palpitation, range of motion, etc.
    • Review of medical records
  4. Give a detailed history of the accident/injury:
    • It is essential to explain all details of the accident. The more open the client is regarding the accident/injury, the better the chance of a favorable IME report.

5 Patient Misconceptions:

1. I refuse to appear for an IME without my attorney.  I know he/she is not allowed to attend so I will not attend.

INCORRECT!

Your attorney can absolutely appear at an IME.  Moreover, any representative from your attorney’s law firm can attend the IME. Simply notify the PIP Insurer and the IME provider’s office of your attorney’s intention to attend the IME.

2.  I heard any IME doctor can deny my treating physician’s medical services.

Good news, this is NOT true! The IME statute specifically states the IME doctor who cuts off treatment/benefits must be from the same licensing chapter as your doctor.

For Example: If you receive treatment from a chiropractor then the PIP insurer must hire a chiropractor as their IME doctor.  If they hired a Physical Therapist then their IME Cut-off WOULD NOT BE VALID.

3.  I heard that if I re-schedule multiple IME’s my doctor won’t be paid.

This is not necessarily true if you have valid reasons for rescheduling the date of the IMEs, your benefits should not be cut off. However, if you simply skip multiple IMEs, then yes, you will not receive reimbursement from the PIP carrier if you do not have a reasonable excuse for the no-shows.

4.  I refuse to travel to another city for my IME. A friend of mine told me I may have to travel up to 100 miles.

This is untrue. The examination must be conducted in the same municipality as you live, or a reasonably accessible location no more than 10 miles from your house.

5. This entire thing is a waste of time.

The IME process is crucial; WHY? If you attend you will most likely get your bills paid by the insurer down the road. You will also ensure your doctors have a fighting chance to getting their claims paid by the PIP insurer.

Top 3 Things To Remember When it Comes to IME’s:

  1. Contact our office immediately if your treatment has been cut off due to an IME or a Peer review determination
    • I have personally handled thousands of IME cut-off PIP cases. We have an innovative approach to litigating these suits which maximizes reimbursement.
    • We have multiple years of experience litigating PIP claims.
    • Our team is ready, willing, and able to assist you with all things PIP/insurance collections-related!
  2. Document, Document, Document Make sure your records clearly specify the reason for treatment.
  3. Explain the importance of attending an IME to your patients and help them understand the process!

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Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.