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What Is Assignment Of Benefits In Medical Billing – AOB Complete Guide

The healthcare industry operates with a diverse network of payers and various reimbursement means. From government to private insurance companies, a healthcare practice is simultaneously engaged with multiple payer parties, each linked to a different patient with unique regulations and requirements. This reimbursement workflow and many other factors alone make this already hectic environment business a bit more chaotic if not dealt with properly. With the development and execution of several policies, every healthcare service strives to bring more efficiency and seamlessness to its operations, and the reimbursement system is not an exception in this regard. This is where the assignment of benefits in medical billing comes into play. 

What is Assignment of Benefits in Medical Billing?

An assignment of benefits in medical billing is a type of agreement between the healthcare provider, insurance company, and the patient through which a patient authorizes the medical service to collect healthcare policy coverage benefits on their behalf from their insurer for the service they have received from the facility. Once the patient signs this agreement, a direct payment link is made between the facility and the insurance company without communicating every time with the patient, which brings seamlessness and efficiency to the reimbursement process. 

Read More: Medical Billing vs Revenue Cycle Management – Key Differences Explained

Medical Services That Use the Assignment of Benefits

Various healthcare providers across different specialties and settings may use Assignment of Benefits (AOB) as part of their billing practices. Some examples of healthcare providers that commonly use AOB include:

• Physicians and Medical Practices
• Hospitals and Medical Centers
• Dentists and Dental Clinics
• Physical Therapy and Rehabilitation Centers
• Ambulatory Surgery Centers
• Imaging Centers

So how does this assignment of benefits in medical billing work? Let’s explore:

What is the Procedure for the Assignment of Benefits in Medical Billing ? – the Methodology

Patient visit.

In the first step, the patient receives medical service from a healthcare facility like a hospital, clinic, etc.

AOB Agreement 

Once the services are rendered, the healthcare facility presents an AOB agreement to the patient to transfer their healthcare insurance coverage benefits to the facility directly. The patient is advised to thoroughly review the form before signing for consent as they are establishing a direct form of communication and payment action by authorizing the medical service to collect monetary benefits on their behalf.

Claim Submission

In this stage, the healthcare service document and code all the service encounters with the patient into medical bills and claim, comprising all the details and treatment procedures that are associated with curing the patient. These claims are then sent to the insurance company. 

Claim Reviewing

After claim submission, the insurance company meticulously evaluates it on the criteria of its unique requirements, standard policies, and regulations. They also analyze the accuracy of the claim and assess the coverage limit against the payment listed in the claim. If the claim is found to be inaccurate or ineligible for coverage by the insurance company, it reverts back to the facility for denial management. 

In the case the claim is approved, the insurance company makes payment directly to the medical service given the AOB policy. This reimbursed amount may cover the full or half of the patient’s medical bills, based on the coverage plan.

Patient Responsibility

Once the insurer pays the billed amount to the medical service, any remaining payment responsibilities come on the shoulder of the patient, like deductibles, co-pays, or services not covered by insurance. The patient may receive an explanation of benefits (EOB) from the insurance company, outlining the details of the claim and any patient responsibility.

Read More: Why Outsourcing Ophthalmology Medical Billing is the Smart

What are the Complications in the Assignment of Benefits in Medical Billing? – the Hindrances

Assignment of benefits does not work well necessarily for all patient encounters. There are some instances where it fails to be applicable or may get denied. So what are those cases? Let’s explore:

Out-of-Network Providers

An insurance policy can deny the assignment of benefits claim if the service acquired by the patient is out of its network of carriers. In this case, the healthcare facility can’t establish any type of reimbursement connection with the insurance policy and must obtain the payments directly from the patient. The patient can then cover their expenditure from their insurance policy. 

Non-Covered Services

It is not necessary that a health insurance policy cover all types of patient medical encounters. Every policy has its own limitations and offers reimbursements for medical services according to its regulations. So if a patient seeks a medical facility that is not covered by their healthcare policy, no AOB agreement will be applicable here. In this scenario, a patient is required to pay all the charges from their own pocket. 

Preauthorization Requirements

Insurance policies require preauthorization for certain medical treatments, procedures, or medications, and if a patient fails to obtain this preauthorization, the insurance company rejects the assignment of benefits claim, leaving the patient to pay the bills out of their pocket.

Claims Rejection

Even with an AOB in place, insurance companies may reject or deny claims for various reasons, such as incomplete documentation, coding errors, or policy exclusions. In such cases, the provider and the patient may need to work together to resolve the issue and resubmit the claim.

If an AOB gets accepted, it will only cover the services eligible for insurance coverage. Patients are still responsible for any deductibles, co-pays, or non-covered services as per their insurance policy. If the patient fails to pay their portion, it can lead to complications in the billing process.

Billing Disputes

Moreover, billing disputes between healthcare providers and insurance companies are another reason for AOB complications. Occasionally, disputes may arise between the healthcare provider and the insurance company regarding reimbursement rates or claim processing. These disputes can delay or hinder the AOB process, requiring additional efforts to resolve the billing issues. Read More: What Is Down Coding In Medical Billing? – The Complete Guide

Assignment of benefits is an excellent way to increase the efficiency of the reimbursement process in the medical industry. However, for a patient, it is important to thoroughly and meticulously review all the terms and complications associated with the agreement of AOB as it transfers their monetary rights directly to the healthcare service. 

Concerning healthcare services, they must ensure a well-communicated, clear, and detailed preparation of this agreement to help patients better understand all the things related to their financial obligations and insurance benefits transfer. Further, the medical facilities should also bring more accuracy and compliance with standards to their billing and overall financial landscape to make the whole process conducive to the acceptance of AOB, effectively navigating the complex web of reimbursements.

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Assignment of Benefits: What You Need to Know

• August 17, 2022
• Steven Schwartzapfel

Insurance can be useful, but dealing with the back-and-forth between insurance companies and contractors, medical specialists, and others can be a time-consuming and ultimately unpleasant experience. You want your medical bills to be paid without having to act as a middleman between your healthcare provider and your insurer.

However, there’s a way you can streamline this process. With an assignment of benefits, you can designate your healthcare provider or any other insurance payout recipient as the go-to party for insurance claims. While this can be convenient, there are certain risks to keep in mind as well.

Below, we’ll explore what an assignment of insurance benefits is (as well as other forms of remediation), how it works, and when you should employ it. For more information, or to learn whether you may have a claim against an insurer, contact Schwartzapfel Lawyers now at 1-516-342-2200 .

What Is an Assignment of Benefits?

An assignment of benefits (AOB) is a legal process through which an insured individual or party signs paperwork that designates another party like a contractor, company, or healthcare provider as their insurance claimant .

Suppose you’re injured in a car accident and need to file a claim with your health insurance company for medical bills and related costs. However, you also need plenty of time to recover. The thought of constantly negotiating between your insurance company, your healthcare provider, and anyone else seems draining and unwelcome.

With an assignment of benefits, you can designate your healthcare provider as your insurance claimant. Then, your healthcare provider can request insurance payouts from your healthcare insurance provider directly.

Through this system, the health insurance provider directly pays your physician or hospital rather than paying you. This means you don’t have to pay your healthcare provider. It’s a streamlined, straightforward way to make sure insurance money gets where it needs to go. It also saves you time and prevents you from having to think about insurance payments unless absolutely necessary.

What Does an Assignment of Benefits Mean?

An AOB means that you designate another party as your insurance claimant. In the above example, that’s your healthcare provider, which could be a physician, hospital, or other organization.

With the assignment of insurance coverage, that healthcare provider can then make a claim for insurance payments directly to your insurance company. The insurance company then pays your healthcare provider directly, and you’re removed as the middleman.

As a bonus, this system sometimes cuts down on your overall costs by eliminating certain service fees. Since there’s only one transaction — the transaction between your healthcare provider and your health insurer — there’s only one set of service fees to contend with. You don’t have to deal with two sets of service fees from first receiving money from your insurance provider, then sending that money to your healthcare provider.

Ultimately, the point of an assignment of benefits is to make things easier for you, your insurer, and anyone else involved in the process.

What Types of Insurance Qualify for an Assignment of Benefits?

Most types of commonly held insurance can work with an assignment of benefits. These insurance types include car insurance, healthcare insurance, homeowners insurance, property insurance, and more.

Note that not all insurance companies allow you to use an assignment of benefits. For an assignment of benefits to work, the potential insurance claimant and the insurance company in question must each sign the paperwork and agree to the arrangement. This prevents fraud (to some extent) and ensures that every party goes into the arrangement with clear expectations.

If your insurance company does not accept assignments of benefits, you’ll have to take care of insurance payments the traditional way. There are many reasons why an insurance company may not accept an assignment of benefits.

To speak with a Schwartzapfel Lawyers expert about this directly, call 1-516-342-2200 for a free consultation today. It will be our privilege to assist you with all your legal questions, needs, and recovery efforts.

Who Uses Assignments of Benefits?

Many providers, services, and contractors use assignments of benefits. It’s often in their interests to accept an assignment of benefits since they can get paid for their work more quickly and make critical decisions without having to consult the insurance policyholder first.

Imagine a circumstance in which a homeowner wants a contractor to add a new room to their property. The contractor knows that the scale of the project could increase or shrink depending on the specifics of the job, the weather, and other factors.

If the homeowner uses an assignment of benefits to give the contractor rights to make insurance claims for the project, that contractor can then:

• Bill the insurer directly for their work. This is beneficial since it ensures that the contractor’s employees get paid promptly and they can purchase the supplies they need.
• Make important decisions to ensure that the project completes on time. For example, a contract can authorize another insurance claim for extra supplies without consulting with the homeowner beforehand, saving time and potentially money in the process.

Practically any company or organization that receives payments from insurance companies may choose to take advantage of an assignment of benefits with you. Example companies and providers include:

• Ambulance services
• Drug and biological companies
• Lab diagnostic services
• Hospitals and medical centers like clinics
• Certified medical professionals such as nurse anesthetists, nurse midwives, clinical psychologists, and others
• Ambulatory surgical center services
• Permanent repair and improvement contractors like carpenters, plumbers, roofers, restoration companies, and others
• Auto repair shops and mechanic organizations

Advantages of Using an Assignment of Benefits

An assignment of benefits can be an advantageous contract to employ, especially if you believe that you’ll need to pay a contractor, healthcare provider, and/or other organization via insurance payouts regularly for the near future.

These benefits include but are not limited to:

• Save time for yourself. Again, imagine a circumstance in which you are hospitalized and have to pay your healthcare provider through your health insurance payouts. If you use an assignment of benefits, you don’t have to make the payments personally or oversee the insurance payouts. Instead, you can focus on resting and recovering.
• Possibly save yourself money in the long run. As noted above, an assignment of benefits can help you circumvent some service fees by limiting the number of transactions or money transfers required to ensure everyone is paid on time.
• Increased peace of mind. Many people don’t like having to constantly think about insurance payouts, contacting their insurance company, or negotiating between insurers and contractors/providers. With an assignment of benefits, you can let your insurance company and a contractor or provider work things out between them, though this can lead to applications later down the road.

Because of these benefits, many recovering individuals, car accident victims, homeowners, and others utilize AOB agreements from time to time.

Risks of Using an Assignment of Benefits

Worth mentioning, too, is that an assignment of benefits does carry certain risks you should be aware of before presenting this contract to your insurance company or a contractor or provider. Remember, an assignment of benefits is a legally binding contract unless it is otherwise dissolved (which is technically possible).

The risks of using an assignment of benefits include:

• You give billing control to your healthcare provider, contractor, or another party. This allows them to bill your insurance company for charges that you might not find necessary. For example, a home improvement contractor might bill a homeowner’s insurance company for an unnecessary material or improvement. The homeowner only finds out after the fact and after all the money has been paid, resulting in a higher premium for their insurance policy or more fees than they expected.
• You allow a contractor or service provider to sue your insurance company if the insurer does not want to pay for a certain service or bill. This can happen if the insurance company and contractor or service provider disagree on one or another billable item. Then, you may be dragged into litigation or arbitration you did not agree to in the first place.
• You may lose track of what your insurance company pays for various services . As such, you could be surprised if your health insurance or other insurance premiums and deductibles increase suddenly.

Given these disadvantages, it’s still wise to keep track of insurance payments even if you choose to use an assignment of benefits. For example, you might request that your insurance company keep you up to date on all billable items a contractor or service provider charges for the duration of your treatment or project.

For more on this and related topic, call Schwartzapfel Lawyers now at 1-516-342-2200 .

How To Make Sure an Assignment of Benefits Is Safe

Even though AOBs do carry potential disadvantages, there are ways to make sure that your chosen contract is safe and legally airtight. First, it’s generally a wise idea to contact knowledgeable legal representatives so they can look over your paperwork and ensure that any given assignment of benefits doesn’t contain any loopholes that could be exploited by a service provider or contractor.

The right lawyer can also make sure that an assignment of benefits is legally binding for your insurance provider. To make sure an assignment of benefits is safe, you should perform the following steps:

• Always check for reviews and references before hiring a contractor or service provider, especially if you plan to use an AOB ahead of time. For example, you should stay away if a contractor has a reputation for abusing insurance claims.
• Always get several estimates for work, repairs, or bills. Then, you can compare the estimated bills and see whether one contractor or service provider is likely to be honest about their charges.
• Get all estimates, payment schedules, and project schedules in writing so you can refer back to them later on.
• Don’t let a service provider or contractor pressure you into hiring them for any reason . If they seem overly excited about getting started, they could be trying to rush things along or get you to sign an AOB so that they can start issuing charges to your insurance company.
• Read your assignment of benefits contract fully. Make sure that there aren’t any legal loopholes that a contractor or service provider can take advantage of. An experienced lawyer can help you draft and sign a beneficial AOB contract.

Can You Sue a Party for Abusing an Assignment of Benefits?

Sometimes. If you believe your assignment of benefits is being abused by a contractor or service provider, you may be able to sue them for breaching your contract or even AOB fraud. However, successfully suing for insurance fraud of any kind is often difficult.

Also, you should remember that a contractor or service provider can sue your insurance company if the insurance carrier decides not to pay them. For example, if your insurer decides that a service provider is engaging in billing scams and no longer wishes to make payouts, this could put you in legal hot water.

If you’re not sure whether you have grounds for a lawsuit, contact Schwartzapfel Lawyers today at 1-516-342-2200 . At no charge, we’ll examine the details of your case and provide you with a consultation. Don’t wait. Call now!

Assignment of Benefits FAQs

Which states allow assignments of benefits.

Every state allows you to offer an assignment of benefits to a contractor and/or insurance company. That means, whether you live in New York, Florida, Arizona, California, or some other state, you can rest assured that AOBs are viable tools to streamline the insurance payout process.

Can You Revoke an Assignment of Benefits?

Yes. There may come a time when you need to revoke an assignment of benefits. This may be because you no longer want the provider or contractor to have control over your insurance claims, or because you want to switch providers/contractors.

To revoke an assignment of benefits agreement, you must notify the assignee (i.e., the new insurance claimant). A legally solid assignment of benefits contract should also include terms and rules for this decision. Once more, it’s usually a wise idea to have an experienced lawyer look over an assignment of benefits contract to make sure you don’t miss these by accident.

Contact Schwartzapfel Lawyers Today

An assignment of benefits is an invaluable tool when you need to streamline the insurance claims process. For example, you can designate your healthcare provider as your primary claimant with an assignment of benefits, allowing them to charge your insurance company directly for healthcare costs.

However, there are also risks associated with an assignment of benefits. If you believe a contractor or healthcare provider is charging your insurance company unfairly, you may need legal representatives. Schwartzapfel Lawyers can help.

As knowledgeable New York attorneys who are well-versed in New York insurance law, we’re ready to assist with any and all litigation needs. For a free case evaluation and consultation, contact Schwartzapfel Lawyers today at 1-516-342-2200 !

Schwartzapfel Lawyers, P.C. | Fighting For You™™

What Is an Insurance Claim? | Experian

What is assignment of benefits, and how does it impact insurers? | Insurance Business Mag

Florida Insurance Ruling Sets Precedent for Assignment of Benefits | Law.com

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What is Assignment of Benefits in Medical Billing?

An assignment of benefits is the act of signing documentation authorizing a health insurance company to pay a physician directly. In other words, the insurance company can pay claims without the direct involvement of the patient in the process. There are other situations where AOBs can be helpful, but we’ll focus on their use in relation to medical benefits.

If there isn’t an assignment of benefits agreement in place, the patient would be responsible for paying the other party directly from their own pocket, then filing a claim with their insurance provider to receive reimbursement. This could be time-consuming and costly, especially if the patient has no idea how to file a claim.

The document is typically signed by patients when they undergo medical procedures. The purpose of this form is to assign the responsibility of payment for any future medical bills that may arise after the procedure. It’s important to note that not all procedures require an AOB.

An assignment of benefits agreement might be utilized to pay a medical practitioner the patient didn’t choose, like an anesthesiologist. The patient may have picked a surgeon, but an anesthesiologist assigned on the day of the procedure might issue a separate bill. They’re, in essence, signing that anyone involved in their treatment can receive direct payment from the insurance carrier. It doesn’t have to go through the patient.

This document can also eliminate service fees surrounding processing. As a result, the patient can focus on medical treatment and recovery without being bogged down with the complexities of paying medical bills. The overall intent of an assignment of benefits agreement is to make the process more manageable for the patient, as they don’t need to haggle directly with their insurer.

List of Providers and Services

When the patient signs an AOB agreement, they give a third party right to obtain payment for services the provider performed, and medical billing services are a prime example of where they may sign an AOB agreement.

• Ambulance services
• Medical insurance claims
• Drugs and pharmaceuticals
• Diagnostic and clinical lab services
• Emergency surgical center services
• Dialysis supplies and equipment used in the home
• Physician services for Medicare and Medicaid patients

Services of professionals other than a primary care physician, which includes:

• Physician assistants
• Clinical nurse specialists
• Clinical social workers
• Clinical psychologists
• Certified registered nurse anesthetists

Information Commonly Requested on Assignment of Benefits Form:

• Signature of patient or person legally responsible
• Signature of parent or legal guardian

How AOBs Affect the Medical Practitioner

A medical provider or their administrative staff may feel overwhelmed by the sheer number of forms patients must fill out prior to treatment. Demanding more paperwork from patients may be seen as an added burden on the managerial staff, as well as the patient. However, getting a signed AOB is vital in preserving the interests of everyone involved.

In addition to receiving direct payment from the insurance company without needing to go through the patient, a signed assignment of benefits form will help medical providers appeal denied and underpaid claims. They can ask that payments be made directly to them rather than through the patient. This makes the process more manageable for both the doctors and the patient.

Things to Bear in Mind

The patient gives their rights and benefits to third parties under their current health plan. Depending on the wording in the AOB, their insurer may not be allowed to contact them directly about their claims. In addition, the patient may be unable to negotiate settlements or approve payments on their behalf and enable third parties to endorse checks on behalf of the patient. Finally, when the patient signs an AOB, the insurer may sue the third parties involved in the dispute.

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Assignment of Benefits: What It Is, and How It Can Affect your Property Insurance Claim

Table of Contents

What is an Assignment of Benefits?

In the context of insured property claims, an assignment of benefits (AOB) is an agreement between you and a contractor in which you give the contractor your right to insurance payments for a specific scope of work .  In exchange, the contractor agrees that it will not seek payment from you for that scope of work, except for the amount of any applicable deductible.  In other words, you give part of your insurance claim to your contractor, and your contractor agrees not to collect from you for part of its work.

The most important thing to know about an assignment of benefits is that it puts your contractor in control your claim , at least for their scope of work.  Losing that control can significantly affect the direction and outcome of your claim, so you should fully understand the implications of an AOB (sometimes called an assignment of claims or AOC) before signing one.

How Does an Assignment of Benefits Work in Practice? 

Let’s say you’re an insured homeowner, and Hurricane Ian significantly damaged your roof.  Let’s also assume your homeowner’s policy covers that damage.  A roofer, after inspecting your roof and reviewing your insurance policy, might conclude that your insurer is probably going to pay for a roof replacement under your insurance policy.  The only problem is that it’s early in the recovery process, and your insurer hasn’t yet stated whether it will pay for the roof replacement proposed by your contractor. So if you want your roof replaced now, you would ordinarily agree to pay your roofer for the replacement, and wait in hopes that your insurer reimburses you for the work.  This means that if your insurance company refuses to pay or drags out payment, you’re on the hook to your roofer for the cost of the replacement.

As an alternative to agreeing to pay your roofer for the full cost of the work, you could sign an assignment of benefits for the roof replacement.  In this scenario, your roofer owns the part of your insurance claim that pertains to the roof replacement.  You might have to pay your roofer for the amount of your deductible, but you probably don’t have to pay them for the rest of the cost of the work.  And if your insurance company refuses to pay or drags out payment for the roof replacement, it’s your roofer, and not you, who would be on the hook for that shortfall.

So should you sign an AOB?  Not necessarily.  Read below to understand the pros and cons of an assignment of benefits.

Are There any Downsides to Signing an Assignment of Benefits?

Yes.  

You lose control of your claim . This is the most important factor to understand when considering whether to sign an AOB.  An AOB is a formal assignment of your legal rights to payment under your insurance contract.  Unless you’re able to cancel the AOB, your contractor will have full control over your claim as it relates to their work. 

To explain why that control could matter, let’s go back to the roof replacement example.  When you signed the AOB, the scope of work you agreed on was to replace the roof.  But you’re not a roofing expert, so you don’t know whether the costs charged or the materials used by the roofer in its statement of work are industry appropriate or not.  In most cases, they probably are appropriate, and there’s no problem.  But if they’re not – if, for instance, the roofer’s prices are unreasonably high – then the insurer may not approve coverage for the replacement.  At that point, the roofer could lower its prices so the insurer approves the work, but it doesn’t have to, because it controls the claim .  Instead it could hold up work and threaten to sue your insurer unless it approves the work at the originally proposed price.  Now the entire project is insnared in litigation, leaving you in a tough spot with your insurer for your other claims and, most importantly, with an old leaky roof.

Misunderstanding the Scope of Work.   Another issue that can arise is that you don’t understand the scope of the assignment of benefits.  Contractor estimates and scopes of work are often highly technical documents that can be long on detail but short on clarity.  Contractors are experts at reading and writing them.  You are not.  That difference matters because the extent of your assignment of benefits is based on that technical, difficult-to-understand scope of work.  This can lead to situations where your understanding of what you’re authorizing the contractor to do is very different from what you’ve actually authorized in the AOB agreement.

In many cases, it’s not necessary .   Many contractors will work with you and your insurer to provide a detailed estimate of their work, and will not begin that work until your insurer has approved coverage for it.  This arrangement significantly reduces the risk of you being on the hook for uninsured repairs, without creating any of the potential problems that can occur when you give away your rights to your claim.

Do I have to sign an Assignment of Benefits?

No.  You are absolutely not required to sign an AOB if you do not want to. 

Are There any Benefits to Signing an Assignment of Benefits?

Potentially, but only if you’ve fully vetted your contractor and your claim involves complicated and technical construction issues that you don’t want to deal with. 

First, you must do your homework to fully vet your contractor!  Do not just take their word for it or be duped by slick ads.  Read reviews, understand their certificate of insurance, know where they’re located, and, if possible, ask for and talk to references.  If you’ve determined that the contractor is highly competent at the work they do, is fully insured, and has a good reputation with customers, then that reduces the risk that they’ll abuse their rights to your claim.

Second, if your claim involves complicated reconstruction issues, a reputable contractor may be well equipped to handle the claim and move it forward.  If you don’t want to deal with the hassle of handling a complicated claim like this, and you know you have a good contractor, one way to get rid of that hassle is an AOB.

Another way to get rid of the hassle is to try Claimly, the all-in-one claims handling tool that get you results but keeps you in control of your claim.  

Can my insurance policy restrict the use of AOBs?

Yes, it’s possible that your Florida insurance policy restricts the use of AOBs, but only if all of the following criteria are met:

• When you selected your coverage, your insurer offered you a different policy with the same coverage, only it did not restrict the right to sign an AOB.
• Your insurer made the restricted policy available at a lower cost than the unrestricted policy.
• If the policy completely prohibits AOBs, then it was made available at a lower cost than any policy partially prohibiting AOBs.
• The policy includes on its face the following notice in 18-point uppercase and boldfaced type:

THIS POLICY DOES NOT ALLOW THE UNRESTRICTED ASSIGNMENT OF POST-LOSS INSURANCE BENEFITS. BY SELECTING THIS POLICY, YOU WAIVE YOUR RIGHT TO FREELY ASSIGN OR TRANSFER THE POST-LOSS PROPERTY INSURANCE BENEFITS AVAILABLE UNDER THIS POLICY TO A THIRD PARTY OR TO OTHERWISE FREELY ENTER INTO AN ASSIGNMENT AGREEMENT AS THE TERM IS DEFINED IN SECTION 627.7153 OF THE FLORIDA STATUTES.

627.7153. 

Pro Tip : If you have an electronic copy of your complete insurance policy (not just the declaration page), then search for “policy does not allow the unrestricted assignment” or another phrase from the required language above to see if your policy restricts an AOB.  If your policy doesn’t contain this required language, it probably doesn’t restrict AOBs.

Do I have any rights or protections concerning Assignments of Benefits?

Yes, you do.  Florida recently enacted laws that protect consumers when dealing with an AOB.

Protections in the AOB Contract

To be enforceable, a Assignments of Benefits must meet all of the following requirements:

• Be in writing and executed by and between you and the contractor.
• Contain a provision that allows you to cancel the assignment agreement without a penalty or fee by submitting a written notice of cancellation signed by the you to the assignee:
• at least 30 days after the date work on the property is scheduled to commence if the assignee has not substantially performed, or
• at least 30 days after the execution of the agreement if the agreement does not contain a commencement date and the assignee has not begun substantial work on the property.
• Contain a provision requiring the assignee to provide a copy of the executed assignment agreement to the insurer within 3 business days after the date on which the assignment agreement is executed or the date on which work begins, whichever is earlier.
• Contain a written, itemized, per-unit cost estimate of the services to be performed by the assignee .
• Relate only to work to be performed by the assignee for services to protect, repair, restore, or replace a dwelling or structure or to mitigate against further damage to such property.
• Contain the following notice in 18-point uppercase and boldfaced type:

YOU ARE AGREEING TO GIVE UP CERTAIN RIGHTS YOU HAVE UNDER YOUR INSURANCE POLICY TO A THIRD PARTY, WHICH MAY RESULT IN LITIGATION AGAINST YOUR INSURER. PLEASE READ AND UNDERSTAND THIS DOCUMENT BEFORE SIGNING IT. YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT PENALTY WITHIN 14 DAYS AFTER THE DATE THIS AGREEMENT IS EXECUTED, AT LEAST 30 DAYS AFTER THE DATE WORK ON THE PROPERTY IS SCHEDULED TO COMMENCE IF THE ASSIGNEE HAS NOT SUBSTANTIALLY PERFORMED, OR AT LEAST 30 DAYS AFTER THE EXECUTION OF THE AGREEMENT IF THE AGREEMENT DOES NOT CONTAIN A COMMENCEMENT DATE AND THE ASSIGNEE HAS NOT BEGUN SUBSTANTIAL WORK ON THE PROPERTY. HOWEVER, YOU ARE OBLIGATED FOR PAYMENT OF ANY CONTRACTED WORK PERFORMED BEFORE THE AGREEMENT IS RESCINDED. THIS AGREEMENT DOES NOT CHANGE YOUR OBLIGATION TO PERFORM THE DUTIES REQUIRED UNDER YOUR PROPERTY INSURANCE POLICY.

• Contain a provision requiring the assignee to indemnify and hold harmless the assignor from all liabilities, damages, losses, and costs, including, but not limited to, attorney fees.

Contractor Duties

Under Florida law, a contractor (or anyone else) receiving rights to a claim under an AOB:

• Must provide you with accurate and up-to-date revised estimates of the scope of work to be performed as supplemental or additional repairs are required.
• Must perform the work in accordance with accepted industry standards.
• May not seek payment from you exceeding the applicable deductible under the policy unless asked the contractor to perform additional work at the your own expense.
• Must, as a condition precedent to filing suit under the policy, and, if required by the insurer, submit to examinations under oath and recorded statements conducted by the insurer or the insurer’s representative that are reasonably necessary, based on the scope of the work and the complexity of the claim, which examinations and recorded statements must be limited to matters related to the services provided, the cost of the services, and the assignment agreement.
• Must, as a condition precedent to filing suit under the policy, and, if required by the insurer, participate in appraisal or other alternative dispute resolution methods in accordance with the terms of the policy.
• If the contractor is making emergency repairs, the assignment of benefits cannot exceed the greater of $3,000 or 1% of your Coverage A limit.

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Assignment of Benefits

An agreement by a doctor, provider, or supplier to be paid directly by Medicare, to accept the payment amount Medicare approves for the service, and not to bill the beneficiary for any more than the Medicare deductible and coinsurance.

• Assignment is a term used to describe the agreement between a healthcare provider and Medicare to accept the Assignment is a term used to describe the agreement between a healthcare provider and Medicare to accept the.
• If a beneficiary is enrolled in Medicare , and they visit a provider who accepts assignment, they may be responsible for paying a copayment or coinsurance for certain services. These out-of-pocket costs are typically a small percentage of the overall cost of the service and are required to be paid at the time the service is provided.
• It is important to note that not all providers accept assignments. Some providers may choose to bill Medicare directly for the services they provide but may also bill the beneficiary for any amount not covered by Medicare. This is known as nonassigned billing, and it is important to be aware the beneficiary may be responsible for paying a larger out-of-pocket cost if they visit a provider who does not accept assignment.
• If a beneficiary is considering receiving medical care from a provider who does not accept assignment,it is recommended they discuss the costs of the services with the provider and confirm whether they will be responsible for paying any additional out-of-pocket costs.

Understanding AOB is essential for Medicare beneficiaries to ensure they are not billed for healthcare services covered by Medicare beyond their financial responsibility. AOB helps simplify the billing process for beneficiaries and ensures they are not subject to unexpected out-of-pocket expenses for covered services.

Interested in learning more about how Assignment of Benefits works and its impact on Medicare coverage? Download our comprehensive E-book for valuable insights and guidance on navigating Medicare billing and coverage effectively.

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What is an Assignment of Benefits?

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The last time you sought medical care, you likely made an appointment with your provider, got the treatment you needed, paid your copay or deductible, and that was it. No paperwork, no waiting to be reimbursed; your doctor received payment from your insurance company and you both went on with your lives.

This is how most people receive health care in the U.S. This system, known as assignment of benefits or AOB, is now being used with other types of insurance, including auto and  homeowners coverage .

What is an assignment of benefits? 

An AOB is a legal agreement that allows your insurance company to directly pay a third party for services performed on your behalf. In the case of health care, it could be your doctor or another medical professional providing care. With a homeowners, renters, or auto insurance claim, the third party could be a contractor, auto repair shop, or other facility.

Assignment of benefits is legal, thanks to a concept known as freedom of contract, which says two parties may make a private agreement, including the forfeiture of certain rights, and the government may not interfere. There are exceptions, making freedom of contract something less than an absolute right. For example, the contract may not violate the law or contain unfair terms.

Not all doctors or contractors utilize AOBs. Therefore, it’s a good idea to make sure the doctor or service provider and you are on the same page when it comes to AOBs before treatment or work begins.

How an AOB works

The function of an AOB agreement varies depending on the type of insurance policy involved, the healthcare provider, contractor, or service provider, and increasingly, state law. Although an AOB is normal in health insurance, other applications of assignment of benefits have now included the auto and homeowners insurance industry.

Because AOBs are common in health care, you probably don’t think twice about signing a piece of paper that says “assignment of benefits” across the top. But once you sign it, you’re likely turning over your right to deal with your insurance company regarding service from that provider. Why would you do this?

According to Dr. David Berg of Redirect Health, the reason is simple: “Without an AOB in place, the patient themselves would be responsible for paying the cost of their service and would then file a claim with their insurance company for reimbursement.”

With homeowners or auto insurance, the same rules apply. Once you sign the AOB, you are effectively out of the picture. The contractor who reroofs your house or the mechanic who rebuilds your engine works with your insurance company by filing a claim on your behalf and receiving their money without your help or involvement.

“Each state has its own rules, regulations, and permissions regarding AOBs,” says Gregg Barrett, founder and CEO of  WaterStreet , a cloud-based P&C insurance administration platform. “Some states require a strict written breakdown of work to be done, while others allow assignment of only parts of claims.”

Within the guidelines of the specific insurance rules for AOBs in your state, the general steps include:

• You and your contractor draw up an AOB clause as part of the contract.
• The contract stipulates the exact work that will be completed and all necessary details.
• The contractor sends the completed AOB to the insurance company where an adjuster reviews, asks questions, and resolves any discrepancies.
• The contractor’s name (or that of an agreed-upon party) is listed to go on the settlement check.

After work is complete and signed off, the insurer will issue the check and the claim will be considered settled.

Example of an assignment of benefits 

If you’re dealing with insurance, how would an AOB factor in? Let’s take an example. “Say you have a water leak in the house,” says Angel Conlin, chief insurance officer at  Kin Insurance . “You call a home restoration company to stop the water flow, clean up the mess, and restore your home to its former glory. The restoration company may ask for an assignment of benefits so it can deal directly with the insurance company without your input.”

In this case, by eliminating the homeowner, whose interests are already represented by an experienced insurance adjustor, the AOB reduces redundancy, saves time and money, and allows the restoration process to proceed with much greater efficiency.

When would you need to use an assignment of benefits? 

An AOB can simplify complicated and costly insurance transactions and allow you to turn these transactions over to trusted experts, thereby avoiding time-consuming negotiations.

An AOB also frees you from paying the entire bill upfront and seeking reimbursement from your insurance company after work has been completed or services rendered. Since you are not required to sign an assignment of benefits, failure to sign will result in you paying the entire medical bill and filing for reimbursement. The three most common uses of AOBs are with health insurance, car insurance, and homeowners insurance.

Assignment of benefits for health insurance

As discussed, AOBs in health insurance are commonplace. If you have health insurance, you’ve probably signed AOBs for years. Each provider (doctor) or practice requires a separate AOB. From your point of view, the big advantages of an AOB are that you receive medical care, your doctor and insurance company work out the details and, in the event of a disagreement, those two entities deal with each other.

Assignment of benefits for car owners

If your car is damaged in an accident and needs extensive repair, the benefits of an AOB can quickly add up. Not only will you have your automobile repaired with minimal upfront costs to you, inconvenience will be almost nonexistent. You drop your car off (or have it towed), wait to be called, told the repair is finished, and pick it up. Similar to a health care AOB, disagreements are worked out between the provider and insurer. You are usually not involved.

Assignment of benefits for homeowners 

When your home or belongings are damaged or destroyed, your primary concern is to “return to normal.” You want to do this with the least amount of hassle. An AOB allows you to transfer your rights to a third party, usually a contractor, freeing you to deal with the crisis at hand.

When you sign an AOB, your contractor can begin immediately working on damage repair, shoring up against additional deterioration, and coordinating with various subcontractors without waiting for clearance or communication with you.

The fraud factor

No legal agreement, including an AOB, is free from the possibility of abuse or fraud. Built-in safeguards are essential to ensure the benefits you assign to a third party are as protected as possible.

In terms of what can and does go wrong, the answer is: plenty. According to the National Association of Mutual Insurance Companies (NAMICs), examples of AOB fraud include inflated invoices or charges for work that hasn’t been done. Another common tactic is to sue the insurance company, without the policyholder’s knowledge or consent, something that can ultimately result in the policyholder being stuck with the bill and higher insurance premiums due to losses experienced by the insurer.

State legislatures have tried to protect consumers from AOB fraud and some progress has been made. Florida, for example, passed legislation in 2019 that gives consumers the right to rescind a fraudulent contract and requires that AOB contracts include an itemized description of the work to be done. Other states, including North Dakota, Kansas, and Iowa have all signed NAMIC-backed legislation into law to protect consumers from AOB fraud.

The National Association of Insurance Commissioners (NAIC), offers advice for consumers to help avoid AOB fraud and abuse:

• File a claim with your insurer before you hire a contractor. This ensures you know what repairs need to be made.
• Don’t pay in full upfront. Legitimate contractors do not require it.
• Get three estimates before selecting a contractor.
• Get a full written contract and read it carefully before signing.
• Don’t be pressured into signing an AOB. You are not required to sign an AOB.

Pros and cons of an assignment of benefits 

The advantages and disadvantages of an AOB agreement depend largely on the amount and type of protection your state’s insurance laws provide.

Pros of assignment of benefits

With proper safeguards in place to reduce opportunities for fraud, AOBs have the ability to streamline and simplify the insurance claims process.

• An AOB frees you from paying for services and waiting for reimbursement from your insurer.
• Some people appreciate not needing to negotiate with their insurer.
• You are not required to sign an AOB.

Cons of assignment of benefits

As with most contracts, AOBs are a double-edged sword. Be aware of potential traps and ask questions if you are unsure.

• Signing an AOB could make you the victim of a scam without knowing it until your insurer refuses to pay.
• An AOB doesn’t free you from the ultimate responsibility to pay for services rendered, which could drag you into expensive litigation if things go south.
• Any AOB you do sign is legally binding.

The takeaway 

An AOB, as the health insurance example shows, can simplify complicated and costly insurance transactions and help consumers avoid time-consuming negotiations. And it can save upfront costs while letting experts work out the details.

It can also introduce a nightmare scenario laced with fraud requiring years of costly litigation. Universal state-level legislation with safeguards is required to avoid the latter. Until that is in place, your best bet is to work closely with your insurer when signing an AOB. Look for suspicious or inflated charges when negotiating with contractors, providers, and other servicers.

By: Jim Probasco

From: Fortune Recommends

This term refers to insurance payments made directly to a healthcare provider for medical services received by the patient. Assignment of benefits occurs after a claim has been successfully processed with an insurance company.

As Assignment of Benefits (often abbreviated to AOB) simply means that the patient is asking for their payment of their health benefits to be transferred to the doctor to used as payment.

In some medical offices, there is a form known as an ‘Assignment of Benefits’ that allows the patient to transfer these benefits automatically. This reduces the need to bill a fee for service on each transaction, which can be appealing to some patients.

Typically, providers or types of services listed below must accept assignment of benefits:

• Clinical diagnostic laboratory services;
• Physician services to individuals dually entitled to Medicare and Medicaid;
• Services of physician assistants, nurse practitioners, clinical nurse specialists, nurse midwives, certified registered nurse anesthetists, clinical psychologists, and clinical social workers;
• Ambulatory surgical center services for covered ASC procedures;
• Home dialysis supplies and equipment paid under Method II;
• Ambulance services;
• Drugs and biologicals; and
• Simplified Billing Roster for influenza virus vaccine and pneumococcal vaccine.  

It is important to note that not every patient has the contracted right to do so. Even if the patient signs as AOB form, the insurance company may not have to honor it if the patient cannot contractually assign their rights to anyone.

As a medical office it is important to understand most of the core insurance plans your office works with and how the patients benefits are typically paid.

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What is mental imagery? Brain researchers explain the pictures in your mind and why they’re useful

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Why are some people able to visualize scenarios in their minds, with colors and details, and some people are not? – Luiza, age 14, Goiânia, Brazil

Imagine you are in a soccer match, and it’s tied. Each team will begin taking penalty kicks. The crowd is roaring, and whether or not your team wins the game depends on your ability to hit the shot. As you imagine this scene, are you able to picture the scenario with colors and details?

Scientists are hard at work trying to understand why some people can visualize these kinds of scenarios more easily than others can. Even the same person can be better or worse at picturing things in their mind at different times.

As neuroscientists in the fields of physical therapy and psychology , we think about the ways people use mental imagery. Here is what researchers do know so far.

The brain and mental imagery

Mental imagery is the ability to visualize things and scenarios in your mind, without actual physical input.

For example, when you think about your best friends, you may automatically picture their faces in your head without actually seeing them in front of you. When you daydream about an upcoming vacation, you may see yourself on the sunny beach.

People who dream about taking a penalty kick could visualize themselves like they are watching a video of it in their mind. They may even experience the smell of the turf or hear the sounds that fans would make.

Scientists believe your primary visual cortex , located in the back of your brain, is involved in internal visualization . This is the same part of the brain that processes visual information from the eyes and that lets you see the world around you.

Another brain region, located in the very front of the brain, also contributes to mental imagery. This structure, called the prefrontal cortex, is in charge of executive functions – a group of high-level mental skills that allow you to concentrate, plan, organize and reason.

Scientists have found such skills to be, at least to some extent, related to one’s mental imagery ability. If someone is good at holding and manipulating large amounts of information in mind, this person can play with things like numbers or images in their mind on the go.

Experiencing and remembering

Most of the same brain areas are active both while you’re actually experiencing an event and also when you’re visualizing it from a memory in your head. For example, when you behold the beauty of the Grand Canyon, your brain creates a memory of the image. But that memory is not simply stored in a single place in the brain. It’s created when thousands of brain cells across different parts of the brain fire together. Later, when a sound, smell or image triggers the memory, this network of brain cells fires together again, and you may picture the Grand Canyon in your head as clearly as if it were in front of you.

Benefits of mental imagery

The ability to mentally visualize can be helpful .

Notice the look of concentration on a gymnast’s face before competition. The athlete is likely visualizing themselves executing a perfect rings routine in their mind. This visualization activates the same brain regions as when they physically perform on the rings, building their confidence and priming their brain for better success.

Athletes can use visualization to help them acquire skills more quickly and with less wear and tear on their bodies. Engineers and mechanics can use visualization to help them fix or design things.

Mental visualization can also help people relearn how to move their bodies after a brain injury . However, with additional practice, those who do not use visualization will eventually catch up .

Nature-nurture interactions

All is not lost if you have difficulty visualizing. It is possible that the ability to visualize in your mind is a combined effect of both how your individual brain works and your life experiences.

For example, taxi drivers in London need to navigate very complicated streets and, scientists found, experience changes to their brain structures over the course of their careers. In particular, they develop larger hippocampuses , a brain structure related to memory. Scientists believe that the training the taxi drivers went through – having to visualize a map of complex streets across London in daily driving – made them better at mental imagery via changes in their hippocampus.

And watching someone else do a physical action activates the same brain areas as creating your own internal mental imagery. If you want to be able to do something, watching a video of someone else doing it can be just as helpful as visualizing yourself doing it in your head . So even if you struggle with mental visualization, there are still ways to reap its benefits.

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What is Assignment of Benefits (AOB) in Medical Billing

The healthcare sector has an extensive network of payers for health insurance who make payments on behalf of clients with insurance policies. The assignment of benefits is used in this situation. Insurance programs allow many patients to receive medical care. Patients must ensure that their insurance provider covers all medical benefits when they visit the doctor.

Keep reading as we go through everything related to the assignment of benefits in medical billing , including what it comprises and what components it should contain.

What is Assignment of Benefits (AOB)?

The assignment of benefits (AOB) is undoubtedly one of the most significant legal documents that make up the healthcare system. It is an agreement conveying the medical professional’s right to claim medical services and obtain benefits from the patient’s insurance plan. The medical professional receives payment for patient services under this agreement.

Therefore, the insurance payer must pay the doctor when the patient signs this paper allowing payment. Without the AOB, the patient’s sole obligation is to pay the cost of any medical services obtained from the physician before filing a claim with the insurance provider for prompt payment.

Various components of the assignment of benefits (AOB)

Different formats.

AOB must be written considering its complexity because it is an important document. Although it is a legal document, it can be created in various ways because each medical officer or team may use a different structure or style.

Exchange of information

Patients must sign a letter allowing the insurance company to supply the medical practitioner with information to get reimbursed. Thus, by signing this contract, the patient implicitly permits the insurance provider to provide essential information and data to medical providers.

In addition, the signatures attest that the patient has authorized a medical practitioner’s staff member to approach the insurance provider on the patient’s behalf to request the necessary payments as outlined in the contract.

Establishes a line of communication

Thanks to this paperwork, the patients are also released from the obligation to contact the insurance provider or the doctor directly for payment-related issues. He can leave it after allowing both parties to interact with one another and carry out the subsequent actions without being held responsible for making the connection himself.

Transfer of the financial obligation

The benefits assignment occurs once the insurance company/payer’s claim process has been successfully completed. This is the precise moment when the patient shifts payment responsibility to the insurance provider.

Outsourced billing services might be engaged by medical professionals who need help keeping up with the billing. AOB requests might not be approved by the insurance company involved in the specific process; it is necessary to note this.

Rejection may occur for several reasons, including the patient’s health benefits contract clauses or State Law.

Relational to state laws

The doctor, patient, and insurance company must stay abreast of state legislation changes because of this. A single clause modification can generate significant problems with insurance benefits. It is essential to keep up with the evolving state laws and regulations because doing so saves time and reduces paperwork.

The doctor or hospital must analyze each patient’s health benefit program to ensure the claim is accepted. Several things influence the operation of AOB and its success.

These include state legislation, the type of medical services the healthcare provider offers, and the insurance plan the consumer has chosen. The patient gives up his right to bargain with the insurance provider over the provider’s services by signing the AOB.

What should be included in an AOB?

It is crucial to carefully craft the AOB because only one signature establishes a binding legal relationship between the three parties. The elements listed below make up a proper assignment of benefits:

Business’s full name

Even a tiny error in the company’s name that needs compensation can prevent progress and cause unneeded delays. In addition, while preparing the medical billing papers, the business organization’s name must be added with the utmost level of precision in the assignment of benefits.

Even if a provider of outsourced medical billing services is involved in the procedure, it is still required to ensure that the name listed in the contract is correct.

The concept of Irrevocability

The term “irrevocable” is crucial and significant for contracts that establish legal responsibilities. Using this phrase, the patient signifies that they cannot reverse the benefit assignment later.

Demonstration of Rights

The court is instructed by the rights demonstrated in this contract to investigate the advantages paid by the patient to the doctor. These rights are granted to the insurance carrier, which will compensate the healthcare practitioner.

Benefits of Not Paying for Treatment

A provider forfeits their right to demand payment at the time of service in return for the ability to sue the insurance provider if they are not paid in full. The patient will forfeit their right to sue, but payment is unnecessary.

Genuine signature provided by the patients

This is the crucial clause in the contract. The patient must accurately sign this document to be legally binding and establish rights and obligations. Finding the best medical billing service that guarantees prompt payment reimbursement can be challenging.

RCM Matter is the only place to go if you’re looking for a business that can provide adequate medical billing services.

What channel is opened between the patient, doctor, and insurance company thanks to the assignment of benefits?

The benefits assignment permits communication between the insurance company and the doctor for financial matters. By doing this, the patient is released from having direct contact with both parties on payment-related issues.

What happens when the insurance company has processed your claim successfully?

After completing a claim, the insurance provider takes over the patient’s financial responsibilities. This allows the insurance company to pay the doctor directly.

What should a document containing an assignment of benefits have?

The precise name of the medical professional or firm, the word “irrevocable” to indicate that the patient cannot revoke the assignment, a clear display of the rights assigned to the insurance company for payment, and an actual signature by the patient to verify the agreement all need to be required in an assignment of benefits document.

AOB establishes a direct line of communication with the patient’s health insurance payer, playing a significant role in medical billing. The goal is to speed up the process without further contacting the patient while increasing the likelihood that the claim will be reimbursed.

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Does zinc really boost your immunity and metabolism? Experts explain the health benefits

Many people believe zinc, an essential mineral found in almost every cell, is akin to a magic pill able to keep sniffles at bay and also help with weight loss . That may be why so many people take zinc supplements , despite the fact that most people in the United States get adequate amounts of this mineral from food. 

But does science back up those immune-boosting and calorie-burning beliefs? Experts suggest there’s some truth to the claims.  

Health benefits of zinc  

Like other essential vitamins and minerals, zinc supports overall health. “Zinc is involved in the activity of many biochemical and metabolism-related reactions in the body,” Kathleen Garcia-Benson , a registered dietician nutritionist, tells Fortune . In fact, it is second only to iron in its concentration in the body.

Many people believe that taking zinc supplements can help prevent or stop colds. However, studies show there’s little to no evidence that zinc can ward off cold symptoms. Some research , however, does indicate that zinc can help cut a cold shorter if it’s started early on.

“Research suggests that zinc lozenges can reduce the duration and severity of the common cold when taken within 24 hours of symptom onset, likely due to zinc’s ability to inhibit viral replication and support the immune system’s response,” says Garcia-Benson. “However, more studies are needed to determine the optimal lozenge dosage and treatment strategies.” 

In addition to supporting immunity, zinc is essential for numerous processes in your body, including: 

• DNA synthesis : Zinc acts as a vital cofactor for various enzymes and proteins involved in the process of DNA replication, repair, and overall genetic stability. 
• Wound healing : Zinc’s role in wound healing is multifactorial , and it is required for collagen and protein synthesis, cell proliferation, and immune function, all of which are essential for tissue regeneration and repair.
• Taste and smell senses : Zinc is important in the functioning of taste buds and smell. A zinc deficiency can adversely affect these senses. 
• Growth and development : Zinc is vital for human development during pregnancy, childhood, and adolescence.

Can zinc boost metabolism?

Zinc plays an integral role in metabolic function. Research shows that it’s essential for the correct functioning of lipid and glucose metabolism, regulating and forming the expression of insulin.

However, when it comes to zinc’s ability to boost metabolism, the findings are murky.  

One 2019 study found that zinc supplementation along with a restricted calorie diet has positive effects in reducing body weight and body mass index (BMI), as well as a decrease in appetite in people with obesity. 

Garcia-Benson shares a different viewpoint.  

“Zinc is crucial for supporting various metabolic processes, however, it does not boost the metabolic rate in the sense of increasing metabolic rate or burning more calories,” she says. 

“There isn’t strong evidence to suggest that zinc increases metabolism beyond its natural levels in individuals who are not deficient. So while zinc is vital for a healthy metabolism, it’s not a direct enhancer of metabolic rate outside of deficiency.”

The side effects of too much zinc 

As the idiom goes, “too much of a good thing” isn’t always good. Some side effects of excessive zinc intake include gastrointestinal symptoms (nausea, vomiting, diarrhea, abdominal pain). 

“We want a healthy immune system, but not a ‘boosted’ overreactive one,” says Garcia-Benson. “Excessive zinc won’t trigger it to be overactive; however, there are other side effects from too much zinc.”

She adds, “Too much can also result in reduced magnesium absorption and copper deficiencies. While zinc is required for a healthy immune system to perform at an optimal level, there is a point when its requirement is met and more zinc will not increase immune system response.”

Zinc toxicity will dissipate as the excessive intake decreases. But some people may still experience long-term side effects from taking too much zinc, like a compromised immune system. 

While zinc plays an integral role in the body’s overall function and performance, moderation is key. 

How much zinc do you need?

The daily recommended dietary allowance is 8 mg for women and 11 mg for men. 

Supplements are the go-to for some, but people can easily get their recommended requirement simply by incorporating zinc-rich foods into their diet. 

Garcia-Benson suggests, “If regularly supplementing, consider tracking food intake for one week to determine if it’s really needed.”  

How to get zinc through food 

Although zinc is available as a supplement in the form of pills and lozenges, it’s also found in many foods and drinks. 

“Oysters, red meat, poultry, fish, legumes, nuts, seeds, dairy, whole grains, and fortified breakfast cereals are great sources of zinc,” Garcia-Benson says. “In general, zinc intake correlates well with protein intake.” 

She adds, “Cooked 3 ounces of lean beef provides roughly 9 mg of zinc; 1 cup of yogurt provides roughly 2.2 mg, and half a cup of chickpeas, or 1 ounce of walnuts, provides roughly 1 mg.” 

Research shows that the amount of zinc absorbed from food ranges from 5% to more than 50%, depending on the amount of plant-based foods in the diet. 

Who needs more zinc?

“A few groups of people are at a higher risk for zinc deficiencies, including those who’ve have had gastrointestinal surgery (including weight loss surgery), those with ulcerative colitis, Crohn’s disease, vegetarians, vegans, those pregnant or nursing, those with sickle cell disease, and infants 6 months and older,” Garcia-Benson says. 

Some common symptoms of a zinc deficiency include:

• delayed wound healing
• impaired appetite 
• impaired taste
• immune deficiencies 
• increased night blindness

The bottom line

Zinc helps you maintain a healthy immune system. It has been proven to reduce the severity and duration of colds, but cannot cure one. Zinc is also important for metabolic function, but don’t count on it to help you instantly shed pounds.

More on nutrition and supplements 

• It’s not 8 glasses a day anymore. Here’s how much water you should drink each day
• The 5 best supplements for healthy aging , according to a longevity expert
• Do turmeric supplements work?   Experts say, yes, for 2 conditions
• The 7 best zinc supplements of 2024, reviewed by a registered dietitian

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What is mental imagery? Brain researchers explain the pictures in your mind and why they’re useful

Curious Kids is a series for children of all ages. If you have a question you’d like an expert to answer, send it to [email protected] .

Why are some people able to visualize scenarios in their minds, with colors and details, and some people are not? – Luiza, age 14, Goiânia, Brazil

Imagine you are in a soccer match, and it’s tied. Each team will begin taking penalty kicks. The crowd is roaring, and whether or not your team wins the game depends on your ability to hit the shot. As you imagine this scene, are you able to picture the scenario with colors and details?

Scientists are hard at work trying to understand why some people can visualize these kinds of scenarios more easily than others can. Even the same person can be better or worse at picturing things in their mind at different times.

As neuroscientists in the fields of physical therapy and psychology , we think about the ways people use mental imagery. Here is what researchers do know so far.

The brain and mental imagery

Mental imagery is the ability to visualize things and scenarios in your mind, without actual physical input.

For example, when you think about your best friends, you may automatically picture their faces in your head without actually seeing them in front of you. When you daydream about an upcoming vacation, you may see yourself on the sunny beach.

People who dream about taking a penalty kick could visualize themselves like they are watching a video of it in their mind. They may even experience the smell of the turf or hear the sounds that fans would make.

Scientists believe your primary visual cortex , located in the back of your brain, is involved in internal visualization . This is the same part of the brain that processes visual information from the eyes and that lets you see the world around you.

Another brain region, located in the very front of the brain, also contributes to mental imagery. This structure, called the prefrontal cortex, is in charge of executive functions – a group of high-level mental skills that allow you to concentrate, plan, organize and reason.

Scientists have found such skills to be, at least to some extent, related to one’s mental imagery ability. If someone is good at holding and manipulating large amounts of information in mind, this person can play with things like numbers or images in their mind on the go.

Experiencing and remembering

Most of the same brain areas are active both while you’re actually experiencing an event and also when you’re visualizing it from a memory in your head. For example, when you behold the beauty of the Grand Canyon, your brain creates a memory of the image. But that memory is not simply stored in a single place in the brain. It’s created when thousands of brain cells across different parts of the brain fire together. Later, when a sound, smell or image triggers the memory, this network of brain cells fires together again, and you may picture the Grand Canyon in your head as clearly as if it were in front of you.

Benefits of mental imagery

The ability to mentally visualize can be helpful .

Notice the look of concentration on a gymnast’s face before competition. The athlete is likely visualizing themselves executing a perfect rings routine in their mind. This visualization activates the same brain regions as when they physically perform on the rings, building their confidence and priming their brain for better success.

Athletes can use visualization to help them acquire skills more quickly and with less wear and tear on their bodies. Engineers and mechanics can use visualization to help them fix or design things.

Mental visualization can also help people relearn how to move their bodies after a brain injury . However, with additional practice, those who do not use visualization will eventually catch up .

Nature-nurture interactions

All is not lost if you have difficulty visualizing. It is possible that the ability to visualize in your mind is a combined effect of both how your individual brain works and your life experiences.

For example, taxi drivers in London need to navigate very complicated streets and, scientists found, experience changes to their brain structures over the course of their careers. In particular, they develop larger hippocampuses , a brain structure related to memory. Scientists believe that the training the taxi drivers went through – having to visualize a map of complex streets across London in daily driving – made them better at mental imagery via changes in their hippocampus.

And watching someone else do a physical action activates the same brain areas as creating your own internal mental imagery. If you want to be able to do something, watching a video of someone else doing it can be just as helpful as visualizing yourself doing it in your head . So even if you struggle with mental visualization, there are still ways to reap its benefits.

Hello, curious kids! Do you have a question you’d like an expert to answer? Ask an adult to send your question to [email protected] . Please tell us your name, age and the city where you live.

And since curiosity has no age limit – adults, let us know what you’re wondering, too. We won’t be able to answer every question, but we will do our best.

This article is republished from The Conversation , a nonprofit, independent news organization bringing you facts and trustworthy analysis to help you make sense of our complex world. It was written by: Lynne Gauthier , UMass Lowell and Jiabin Shen , UMass Lowell

How do our brains reconstruct the visual world?

Your brain thinks – but how?

How does your brain wake up from sleep?

Lynne Gauthier receives funding from US Army Soldier Center and has prior funding from PCORI, the American Heart Association, and the National MS Society.

Jiabin Shen has received funding from National Institutes of Health (NIH), Health Resources and Services Administration (HRSA), American Psychological Foundation (APF), and Society for Public Health Education (SOPHE).

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What is Assignment of Benefits in Medical Billing

The health care industry has a wide network of health care insurance payers that make payments on behalf of patients having insurance plans. Without insurance plans, many patients would not be able to seek medical services. Whenever a patient visits a doctor for the treatment he/she needs to ensure that the insurance payer makes the payment for all the medical benefits he/she may have received. This is where the assignment of benefits comes in.

Definition of Assignment of Benefits

The term assignment of benefits (AOB) may be referred to as an agreement that transfers the health insurance claims benefits of the policy from the patient to the health care provider. This agreement is signed by the patient as a request to pay the designated amount to the health care provider for the health benefits he/she may have received. On the patient’s request the insurance payer makes the payment to the hospital/doctor.

Understanding of Assignment of Benefits

The assignment of benefits is generally transferred by designing a legal document— for which, the format  may vary across medical offices. This document is called the ‘Assignment of Benefits’ form. While signing the form, the patient also authorizes the insurance company to release any and all written information that is required by the hospital for reimbursement purposes. This also means that any medical billing and collection company hired by the hospital is free to use the released information for billing purposes. In addition to this, the patient agrees to appoint anyone from the hospital as a representative on his/her behalf to seek payment from the insurance payer. In other words, once the document has been signed, the patient is no longer required to deal directly with the insurance company or its representative, unless asked to do so.

It is important to note that the assignment of benefits occurs only when a claim has been successfully processed with the insurance company/payer. However, the insurance company may not always honor and accept the request for AOB. The acceptance or rejection of AOB depends on the patient’s or member’s health benefits contract and/or the State Law. Therefore all three parties— patient, health care provider, and the insurance company must stay updated with the State Law and also, review the patient’s health benefit plan thoroughly. This will help in saving time and unnecessary paperwork if the chances of the insurance company rejecting the AOB seem to be high.

Following are some providers or medical services that use AOB:

• Ambulance services.
• Ambulatory surgical center services.
• Clinical diagnostic laboratory services.
• Biological(s) and drugs.
• Home dialysis equipment and supplies.
• Physician services for patients having Medicare and Medicaid plans.
• Services of medical professionals other than a primary physician, including certified registered nurse anesthetists, clinical nurse specialists, clinical psychologists, clinical social workers, nurse midwives, nurse practitioners, and physician assistants.
• Simplified billing roster for vaccines, such as— influenza virus and pneumococcal.

AOB plays an important role in medical billing by establishing direct contact with the patient’s health care insurance payer. The purpose is to increase the chances of reimbursement and accelerate the process without contacting the patient additionally..

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Insurance claims, why do nj medical providers need the patient to sign an assignment of benefits, callagy law: medical provider attorneys.

Our firm represents medical providers in a variety of contexts – Workers’ Compensation, Personal Injury Protection (PIP), and Commercial Insurance (Major Medical) – and obtaining an Assignment of Benefits is crucial in litigating these matters. An Assignment of Benefits is essential for a medical provider – whether the physician, facility, or ancillary service provider – to have a right to payment from the Insurance Carrier or Third-Party Administrator (TPA).

A medical provider or the administrative staff for the medical provider may feel overwhelmed by the number of forms that patients have to fill out prior to treatment. For instance, there are HIPPA release forms, as required by the Health Insurance Portability and Accountability Act, which authorizes the use or disclosure of protected health information, and intake forms requesting medical history, insurance coverage information, and general patient information. Requiring more paperwork from the patients may be viewed as an additional burden placed on the administrative staff, as well as a burden on the patient receiving the treatment. However, these documents, in addition to obtaining a signed Assignment of Benefits, are a vital in protecting the interests of the treating medical provider and the patient.

How Does An Assignment of Benefits Affect a Medical Provider ?

By signing an Assignment of Benefits (AOB), a patient is authorizing the Insurance Carrier or Third-Party Administrator to make health insurance payments directly to the treating medical provider. Essentially, the patient is “assigning” his or her right to receive the payment for the medical benefits. While medical providers benefit tremendously from having payments made directly to them, instead of the patient, from the Insurance Carrier or Third-Party Administrator, a signed Assignment of Benefits will also medical providers appeal denials and underpayments from the Insurance Carrier or Third-Party Administrator.

For example, a patient may seek treatment from a medical provider who is not in network with their health insurance plan. These medical providers may also be referred to as a non-participating provider, a non-network provider, or an out of network provider. Essentially, this designation means that there is no contract in place between the medical provider and the Insurance Carrier or Third-Party Administrator for agreed upon, negotiated rates for services rendered. Therefore, the out of network medical provider has an expectation that payments for the treatment rendered will be made at their actual, billed charges. By having a signed Assignment of Benefits form, a medical provider may submit the Assignment of Benefits with the claim and request that payment be made directly to the medical provider, instead of having checks go to the patient. This provides a convenience for both the medical provider and the patient.

Additionally, if the out of network medical provider is paid less than the actual, billed charges, the medical provider will likely want to challenge the payment directly with the Insurance Carrier or Third-Party Administrator. By having an Assignment of Benefits signed by the Patient, the out of network medical provider may rely on the Assignment of Benefits to appeal the denial or underpayment. While having a signed Assignment of Benefits does not guarantee an out of network medical provider will have standing to file a litigation matter to recover the underpaid reimbursement from the Insurance Carrier, the Assignment of Benefits could be sufficient under the terms of certain health plans. An attorney who is experienced in healthcare law and medical revenue recovery can review the terms of the health insurance plan and provide guidance to the medical provider as to what, if any, additional documentation may be required to pursue recovery in a litigation matter.

Because the use of an Assignment of Benefits, containing the most effective language, is such an important element to a medical provider’s financial interest in collecting payment from an Insurance Carrier or Third-Party Administrator and, possibly, challenging improper payments, a medical provider may want to have an attorney experienced with medical revenue recovery review the Assignment of Benefits. For more information or to consult with an attorney, contact Callagy Law today .

In your service,

Tamara Kotsev, Esq.

Attorney, Medical Revenue Recovery

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Assignment of Benefits for Contractors: Pros & Cons of Accepting an AOB

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Insurance , Restoration , Slow Payment

When a property owner files an insurance claim to cover a restoration or roofing project, the owner typically deals directly with the insurance company. They may not have the funds available to pay the contractor out of pocket, so they’re counting on that insurance check to cover the construction costs.

But insurance companies often drag their feet, and payments can take even longer than normal. Contractors often wish they could simply deal with the insurance company directly through an assignment of benefits. In some circumstances, an AOB can be an effective tool that helps contractors collect payment faster — but is it worth it?

In this article, we’ll explain what an assignment of benefits is, and how the process works. More importantly, we’ll look at the pros and cons for restoration and roofing contractors to help you decide if an AOB is worth it . 

What is an assignment of benefits? 

An assignment of benefits , or AOB, is an agreement to transfer insurance claim rights to a third party. It gives the assignee authority to file and negotiate a claim directly with the insurance company, without involvement from the property owner. 

An AOB also allows the insurer to pay the contractor directly instead of funneling funds through the customer. AOBs take the homeowner out of the claims equation.

Here’s an example: A property owner’s roof is damaged in a hurricane. The owner contacts a restoration company to repair the damage, and signs an AOB to transfer their insurance rights to the contractor. The contractor, now the assignee, negotiates the claim directly with the insurance company. The insurer will pay the claim by issuing a check for the repairs directly to the restoration contractor. 

Setting up an AOB

A property owner and contractor can set up an assignment of benefits in two steps: 

• The owner and the contractor sign an AOB agreement
• The contractor sends the AOB to the insurance company

Keep in mind that many states have their own laws about what the agreement can or should include .

For example, Florida’s assignment of benefits law contains relatively strict requirements when it comes to an assignment of benefits: 

• The AOB agreements need to be in writing. The agreement must contain a bolded disclosure notifying the customer that they are relinquishing certain rights under the homeowners policy. You can’t charge administrative fees or penalties if a homeowner decides to cancel the AOB. 
• The AOB must include an itemized, per-unit breakdown of the work you plan to do. The services can only involve how you plan to make repairs or restore the home’s damage or protect the property from any further harm. A copy must be provided to the insurance company. 
• A homeowner can rescind an AOB agreement within 14 days of signing, or within 30 days if no work has begun and no start date was listed for the work. If a start date is listed, the 30-day rule still applies if substantial progress has not been made on the job. 

Before signing an AOB agreement, make sure you understand the property owner’s insurance policy, and whether the project is likely to be covered.

Learn more – Assignment of Benefits: Ultimate Guide for Contractors & Policyholders

Pros & cons for contractors

It’s smart to do a cost-benefit analysis on the practice of accepting AOBs. Listing pros and cons can help you make a logical assessment before deciding either way. 

Pro: Hiring a public adjuster

An insurance carrier’s claims adjuster will inspect property damage and arrive at a dollar figure calculated to cover the cost of repairs. Often, you might feel this adjuster may have overlooked some details that should factor into the estimate. 

If you encounter pushback from the insurer under these circumstances, a licensed, public adjuster may be warranted. These appraisers work for the homeowner, whose best interests you now represent as a result of the AOB. A public adjuster could help win the battle to complete the repairs properly. 

Pro: More control over payment

You may sink a considerable amount of time into preparing an estimate for a customer. You may even get green-lighted to order materials and get started. Once the ball starts rolling, you wouldn’t want a customer to back out on the deal. 

Klark Brown , Co-founder of The Alliance of Independent Restorers, concedes this might be one of the very situations in which an AOB construction agreement might help a contractor. “An AOB helps make sure the homeowner doesn’t take the insurance money and run,” says Brown.  

Pro: Build a better relationship with the homeowner

A homeowner suffers a substantial loss and it’s easy to understand why push and pull with an insurance company might be the last thing they want to undertake. They may desire to have another party act on their behalf. 

As an AOB recipient, the claims ball is now in your court. By taking some of the weight off a customer’s shoulders during a difficult period, it could help build good faith and further the relationship you strive to build with that client. 

Learn more : 8 Ways for Contractors to Build Trust With a Homeowner

Con: It confuses payment responsibilities

Even if you accept an AOB, the property owner still generally bears responsibility for making payment. If the insurance company is dragging their feet, a restoration contractor can still likely file a mechanics lien on the property .

A homeowner may think that by signing away their right to an insurance claim, they are also signing away their responsibility to pay for the restoration work. This typically isn’t true, and this expectation could set you up for a more contentious dispute down the line if there is a problem with the insurance claim. 

Con: Tighter margins

Insurance companies will want repairs made at the lowest cost possible. Just like you, carriers run a business and need to cut costs while boosting revenue. 

While some restoration contractors work directly with insurers and could get a steady stream of work from them, Brown emphasizes that you may be sacrificing your own margins. “Expect to accept work for less money than you’d charge independently,” he adds. 

The takeaway here suggests that any contractor accepting an AOB could subject themselves to the same bare-boned profit margins. 

Con: More administrative work

Among others, creating additional administrative busywork is another reason Brown recommends that you steer clear of accepting AOBs. You’re committing additional resources while agreeing to work for less money. 

“Administrative costs are a burden,” Brown states. Insurers may reduce and/or delay payments to help their own bottom lines. “Insurers will play the float with reserves and claims funds,” he added. So, AOBs can be detrimental to your business if you’re spending more while chasing payments. 

Con: Increase in average collection period

Every contractor should use some financial metrics to help gauge the health of the business . The average collection period for receivables measures the average time it takes you to get paid on your open accounts. 

Insurance companies aren’t known for paying claims quickly. If you do restoration work without accepting an AOB, you can often take action with the homeowner to get paid faster. When you’re depending on an insurance company to make your payment, rather than the owner, collection times will likely increase.

The literal and figurative bottom line is: If accepting assignment of benefits agreements increases the time it takes to get paid and costs you more in operational expense, these are both situations you want to avoid. 

Learn more: How to calculate your collection effectiveness 

AOBs and mechanics liens

A mechanics lien is hands down a contractor’s most effective tool to ensure they get paid for their work. Many types of restoration services are protected under lien laws in most states. But what happens to lien rights when a contractor accepts an assignment of benefits? 

An AOB generally won’t affect a contractor’s ability to file a mechanics lien on the property if they don’t receive payment. The homeowner is typically still responsible to pay for the improvements. This is especially true if the contract involves work that wasn’t covered by the insurance policy. 

However, make sure you know the laws in the state where your project is located. For example, Florida’s assignment of benefits law, perhaps the most restrictive in the country, appears to prohibit an AOB assignee from filing a lien. 

Florida AOB agreements are required to include language that waives the contractor’s rights to collect payment from the owner. The required statement takes it even further, stating that neither the contractor or any of their subs can file a mechanics lien on the owner’s property. 

On his website , Florida’s CFO says: “The third-party assignee and its subcontractors may not collect, or attempt to collect money from you, maintain any action of law against you, file a lien against your property or report you to a credit reporting agency.”

That sounds like a contractor assignee can’t file a lien if they aren’t paid . But, according to construction lawyer Alex Benarroche , it’s not so cut-and-dry.

“Florida’s AOB law has yet to be tested in court, and it’s possible that the no-lien provision would be invalid,” says Benarroche. “This is because Florida also prohibits no-lien clauses in a contract. It is not legal for a contractor to waive their right to file a lien via an agreement prior to performance.” 

Learn more about no-lien clauses and their enforceability state-by-state

Remember that every state treats AOBs differently, and conflicting laws can create additional risk. It’s important to consult with a construction lawyer in the project’s state before accepting an assignment of benefits. 

Best practices for contractors 

At the end of the day, there are advantages and disadvantages to accepting an assignment of benefits. While it’s possible in some circumstances that an AOB could help a contractor get paid faster, there are lots of other payment tools that are more effective and require less administrative costs. An AOB should never be the first option on the table . 

If you do decide to become an assignee to the property owner’s claim benefits, make sure you do your homework beforehand and adopt some best practices to effectively manage the assignment of benefits process. You’ll need to keep on top of the administrative details involved in drafting AOBs and schedule work in a timely manner to stay in compliance with the conditions of the agreement. 

Make sure you understand all the nuances of how insurance works when there’s a claim . You need to understand the owner’s policy and what it covers. Home insurance policy forms are basically standardized for easy comparisons in each state, so what you see with one company is what you get with all carriers. 

Since you’re now the point of contact for the insurance company, expect more phone calls and emails from both clients and the insurer . You’ll need to have a strategy to efficiently handle ramped-up communications since the frequency will increase. Keep homeowners and claims reps in the loop so you can build customer relationships and hopefully get paid faster by the insurer for your work.

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Understanding Your Explanation of Benefits (EOB)

An explanation of benefits (EOB) is a document provided to you by your insurance company after you had a healthcare service for which a claim was submitted to your insurance plan.

This article will explain what information you'll find on an EOB, how this is useful in terms of your financial planning for the year, and why it's important to make sure that all of the details are correct.

Your EOB gives you information about how an insurance claim from a medical provider (such as a doctor, hospital, or lab) was paid on your behalf—if applicable—and how much you're responsible for paying yourself.

You should get an EOB regardless of the portion of the bill that the insurer paid. Depending on the circumstances, the insurer might not be paying any of the bill. This could be the case if the service wasn't covered by your plan, or if the full cost was applied to your deductible and deemed your responsibility to pay.

But in other circumstances, the EOB will indicate that the insurer has paid some or all of the bill. That would leave you with either a portion of the charges or no out-of-pocket costs at all.

You should get an EOB if you have insurance you purchased on your own, a health plan from your employer, or Medicare .

(Note that if you have Original Medicare, this will be called a Medicare Summary Notice. If you have a Medicare Advantage or a Medicare Part D plan, the document will generally be called an Explanation of Benefits).

And depending on where you live, you might get an EOB if you're enrolled in Medicaid and receive healthcare services.

If you are a member of a health maintenance organization (HMO) that pays your healthcare provider through capitation (a set amount of money each month to care for you), you may not receive an EOB because your practitioner is not billing the insurance company. This type of arrangement is not common, but it's possible that you could just receive a receipt for your copay instead of an itemized EOB.

Information in an Explanation of Benefits

Your EOB has a lot of useful information that may help you track your healthcare expenditures and serve as a reminder of the medical services you received during the past several years.

A typical EOB has the following information, although the way it's displayed may vary from one insurance plan to another:

• Patient: The name of the person who received the service. This may be you or one of your dependents.
• Insured ID Number: The identification number assigned to you by your insurance company. This should match the number on your insurance card.
• Claim Number: The number that identifies, or refers to the claim that either you or your health provider submitted to the insurance company. Along with your insurance ID number, you will need this claim number if you have any questions about your health plan.
• Provider: The name of the provider who performed the services for you or your dependent. This may be the name of a doctor, a laboratory, a hospital, or other healthcare providers.
• Type of Service: A code and a brief description of the health-related service you received from the provider.
• Date of Service: The beginning and end dates of the health-related service you received from the provider. If the claim is for a healthcare provider visit, the beginning and end dates will be the same.
• Charge (Also Known as Billed Charges): The amount your provider billed your insurance company for the service.
• Not Covered Amount: The amount of money that your insurance company did not pay your provider. Next to this amount you may see a code that gives the reason the healthcare provider was not paid a certain amount. A description of these codes is usually found at the bottom of the EOB, on the back of your EOB, or in a note attached to your EOB. Insurers generally negotiate payment rates with healthcare provider, so the amount that ends up being paid (including the portions paid by the insurer and the patient) is typically less than the amount the provider bills. The difference is indicated in some way on the EOB, with either an amount not covered, or a total covered amount that's lower than the billed charge.
• Amount the Health Plan Paid: This is the amount that your health insurance plan actually paid for the services you received. Even if you've met your out-of-pocket requirements for the year already and don't have to pay a portion of the bill, the amount the health plan pays is likely a smaller amount than the medical provider billed, thanks to network negotiated agreements between insurers and medical providers (or in the case of out-of-network providers, the reasonable and customary amounts that are paid if your insurance plan includes coverage for out-of-network care and you've met your out-of-network deductible already).
• Total Patient Cost: The amount of money you owe as your share of the bill. This amount depends on your health plan’s out-of-pocket requirements, such as an annual deductible, copayments, and coinsurance. Also, you may have received a service that is not covered by your health plan in which case you are responsible for paying the full amount.

Your EOB will generally also indicate how much of your annual deductible and out-of-pocket maximum have been met. If you're receiving ongoing medical treatment, this can help you plan ahead and determine when you're likely to hit your out-of-pocket maximum. At that point, your health plan will pay for any covered in-network services you need for the remainder of the plan year.

An example of an EOB: Frank F. is a 67-year-old man with type 2 diabetes and high blood pressure. He is enrolled in a Medicare Advantage Plan and sees his doctor every three months for a follow-up of his diabetes. Six weeks after his last visit, Frank received an EOB with the following information:

• Patient: Frank F.
• Insured ID Number: 82921-804042125-00 – Frank’s Medicare Advantage Plan Identification Number
• Claim Number: 64611989 – the number assigned to this claim by Frank’s Medicare Advantage Plan
• Provider: David T. MD – the name of Frank’s primary care physician
• Type of Service: Follow-Up Office Visit
• Date of Service: 1/21/22 – the day that Frank had an office visit with Dr. David T.
• Charge: $135.00 – the amount that Dr. David T. billed Frank’s Medicare Advantage Plan
• Not Covered Amount: $70.00 – the amount of Dr. David T’s bill that Frank’s plan will not pay. The code next to this was 264, which was described on the back of Frank’s EOB as “Over What Medicare Allows”
• Total Patient Cost: $15.00 – Frank’s office visit copayment
• Amount Paid to the Provider: $50.00 – the amount of money that Frank’s Medicare Advantage Plan sent to Dr. David T.

Some math: Dr. David T. is allowed $65 (his charge of $135 minus the amount not covered of $70.00 = $65.00). He gets $15.00 from Frank and $50.00 from Medicare.

Why Is Your Explanation of Benefits Important?

Healthcare providers’ offices, hospitals, and medical billing companies sometimes make billing errors. Such mistakes can have annoying and potentially serious, long-term financial consequences.

Your EOB should have a customer service phone number. Do not hesitate to call that number if you have any questions or concerns about the information on the EOB.

Your EOB is a window into your medical billing history. Review it carefully to make sure you actually received the service being billed, that the amount your healthcare provider received and your share are correct, and that your diagnosis and procedure are correctly listed and coded.

It's also important to make sure that your records reflect the same numbers that the EOB show, in terms of your progress toward your deductible and out-of-pocket maximum for the year.

Once you've met your deductible, your health plan will start paying for more of your care. And once you've met your out-of-pocket maximum, the plan will start paying 100% of your covered, in-network costs for the rest of the year. So it's important to make sure that these amounts are accurately reflected on each EOB.

EOBs and Confidentiality

Insurers generally send EOBs to the primary insured, even if the medical services were for a spouse or dependent. This can result in confidentiality problems, especially in situations where young adults are covered under a parent's health plan, which can be the case until they turn 26 .

To address this, some states have taken action to protect the medical privacy of people who are covered as dependents on someone else's health plan. But it's important to understand that as a general rule, states cannot regulate self-insured health plans , and these account for the majority of employer-sponsored health plans.

An explanation of benefits (EOB) is a document that a health plan sends to a member after a medical claim is processed. The EOB will show a variety of information, including details about the medical treatment, the amount that was billed, the amount that the health plan allows for that service, the amount the health plan paid (if any), and the amount that the patient owes. The EOB will also generally show how much the member has accumulated toward their deductible and out-of-pocket maximum so far that year.

A Word From Verywell

It may be tempting to just ignore EOBs, especially if you have substantial claims and numerous EOBs arriving in your mailbox. But it's important to at least scan each EOB to make sure that the details make sense. This will give you a good idea of what to expect in terms of medical bills from providers, since they use their own version of that same EOB in order to process billing statements. And it will also help you know what to expect in terms of your potential future medical bills for the remainder of the year.

Medicare.gov. Medicare Summary Notice (MSN) .

Centers for Medicare and Medicaid Services. Reading Your Explanation of Benefits .

Centers for Medicare and Medicaid Services. Helping people with Medicare Part C & Part D understand their “Explanation of Benefits” (EOB) .

Harvard Law School, Center for Health Law and Policy Innovation. Confidentiality and Explanation of Benefits: Protecting Patient Information in Third-Party Billing .

Guttmacher Institute. Protecting Confidentiality for Individuals Insured as Dependents .

Kaiser Family Foundation. 2022 Employer Health Benefits Survey .

By Michael Bihari, MD Michael Bihari, MD, is a board-certified pediatrician, health educator, and medical writer, and president emeritus of the Community Health Center of Cape Cod.

Assignment of benefits: A growing concern

By Kevin Poll

Evaluating claims properly and determining the appropriate amount of a loss are crucial for insurance companies, especially when trying to offer competitive premiums to customers and maintain profitable financial results.

Factors that affect profitability

In the business of insurance, many factors—some that can’t be controlled—affect financial profitability. Predictive analytics and more refined modeling are helping insurers reduce uncertainty, but even the best of models have their limitations.

Further, many variables can’t be predicted but could have significant financial impact on the bottom line. One of those variables—the potential for the benefits of an insurance policy being assigned post-loss to predatory adjusters—has been a hot topic, particularly in those states where laws and regulations currently prevent insurance companies from being able to mitigate the problem.

What is assignment of benefits?

Typically, an insurance policy has a loss payment provision that advises the policyholder that any payment for a first-party loss will be paid directly to the insured unless another party is legally entitled to collect payment. However, a common practice by consumers after a loss is to have the contractor that will be making the repairs to the damaged property work directly with the insurance company for payment.

Some insurance providers have simplified this process by developing a network of trusted contractors that are allowed to inspect claims on their behalf. This creates a consumer-friendly environment where the insured, for the most part, is removed from the claims settlement process. However, consumers generally are free to make other choices, so if they decide on a contractor not in that network, the insurer most likely will work with the entity selected by the insured.

When a contractor, who is not in an insurance provider’s network, is chosen, the insured has two options: either receive payment from the insurance company and then work directly with the contractor or allow the contractor to work directly with the insurance company regarding repairs and payment. Insurance companies would likely prefer the first option because they can then more closely monitor the claims process. While the second option may be less desirable to the insurance company, certain states, like Florida, have laws in place that actually prevent the carrier from disallowing it.

What are the concerns with assignment of benefits?

Transferring the benefits of a policy to a third party, such as a contractor, does create a better customer experience; however, insurers generally lose a bit of control managing the claims process when working directly with the third party.

Several states (especially Florida as discussed below) have seen an influx in predatory public adjusters and contractors that seek out consumers who may potentially have a loss covered by their homeowners policy. These adjusters (that may also serve as the contractor making the repairs to the home) will have the consumer sign a transfer of benefits to them almost immediately after suffering the loss, and then they will work directly with the insurance company to complete the claims process.

One issue that arises (and often the consumer is unaware of this) is that the adjuster/contractor could be inflating the actual cost of the claim by reporting damage that may not actually have occurred. Additionally, the claim may not be reported to the insurance company until the repairs have already been completed so the insurance company has not had an opportunity to inspect the damage. Such tactics can result in additional profits for the adjuster/contractor, which translates to inflated severity and rising premiums for the consumer.

This issue may be particularly problematic in Florida, where insurance carriers may not be aware of potential losses until they’re served with a lawsuit for expenses incurred by the contractor that completed the repairs. In fact, the Florida Office of Insurance Regulation (FLOIR) released results from a study it conducted showing that the number of lawsuits attributed to assignment of benefits (AOB) increased from 408 in 2000 to more than 28,000 in 2016. Further, the average severity for claims where there is an AOB is about 85 percent more than those claims without an AOB.

How has this issue escalated?

Several factors have contributed to the growing problem of assignment of benefits in Florida; however, a combination of case law and legislation, which has made it difficult for insurance companies to mitigate claim costs and potential fraud, may be the most impactful.

In the 1917 landmark case of West Florida Grocery Co. v. Teutonia Fire Ins. Co., 77 So. 209, 210-, the state Supreme Court rendered a decision holding that the insured was able to assign the benefits of the policy following a loss directly to a third party without the written consent of the insurance provider. The precedent established by this 100-year-old case continues to make it very difficult for an insurance company to prohibit the assignment of benefits in Florida.

In addition to this case, Florida Statute §627.428 governing payment of attorneys’ fees related to insurance practices requires that insurance companies pay legal fees to third parties successfully suing to obtain payment for their services even if the ruling from the court places the amount of the claim only $1 above the insurance company’s offer in settlement. As a result, this statute incentivizes contractors to sue insurance companies for reimbursement, because the likelihood that they’ll have to pay their own legal fees for the case is very slim.

As reported by The Sun Sentinel earlier this year, consumers in southern Florida could expect to see rate increases averaging 5-15% as a result of claims abuse. Additionally, if it can be assumed that a significant number of the lawsuits complied in the FLOIR study referenced above were initiated by public adjusters and contractors seeking to be unjustly compensated, it could be suggested that this predatory behavior is factoring into these rate increases.

Despite this potential correlation, the legislature has yet to make changes to existing laws. While some members of Florida’s legislature favor the existing legislation, others are advocating for consumers and supporting legislation that would eliminate the abuse. Although remedial legislation did fail in 2017, some members have said they’re hopeful to get legislation passed in 2018.

How is ISO responding?

ISO has been reviewing policy language to determine the best course of action for responding to the growing crisis, especially in Florida. While prohibiting assignment of benefits post-loss altogether is not allowed by state law, several policy provisions can be modified to introduce parameters on how the benefits of the policy can be assigned to a third party. ISO is finalizing these changes and hopes to file in the first quarter of 2018 so that member companies can address this concern with or without any future changes to Florida law.

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Understanding Patent Assignment Agreements

A patent assignment agreement is a legal contract that transfers ownership of a patent or patent application from one entity or individual to another, operating within the framework of intellectual property laws. The agreement defines the specific patents, patent applications, or patent rights being assigned, and outlines the promises and assurances made by the assignor. It also establishes the process for resolving disputes arising from the assignment. By understanding the components, types, benefits, and risks of patent assignment agreements, parties can navigate the assignment process effectively and make informed decisions. To grasp the intricacies of patent assignment agreements, it is essential to examine the nuances of each component.

Table of Contents

What Is a Patent Assignment Agreement?

A patent assignment agreement is a legal contract that transfers ownership of a patent or patent application from one entity or individual to another, thereby conferring the assignee with the rights, interests, and obligations associated with the patent. This agreement operates within the legal framework of intellectual property laws, which govern the creation, protection, and transfer of intellectual property rights. The patent assignment agreement is a key instrument for facilitating the transfer of patent rights, enabling parties to negotiate and agree on the terms and conditions of the transfer. By executing this agreement, the assignor relinquishes their ownership and rights to the patent, while the assignee acquires the same rights, including the right to manufacture, use, and license the patented invention. The agreement provides a clear and binding framework for the transfer of patent rights, guaranteeing that the parties involved are aware of their obligations and responsibilities. Fundamentally, the patent assignment agreement is an essential tool for protecting and exploiting intellectual property, enabling inventors, companies, and individuals to optimize the value of their innovations.

Key Components of the Agreement

Seven essential components form the foundation of a patent assignment agreement, each playing a critical role in ensuring a comprehensive and enforceable transfer of patent rights. These components are carefully crafted to address specific aspects of the assignment, ensuring clarity and precision in the transfer of patent ownership.

Types of Patent Assignments

Patent assignment agreements can take various forms, each tailored to specific circumstances and goals, and understanding the different types of patent assignments is key to executing a successful transfer of patent rights. There are several types of patent assignments, including exclusive and non-exclusive assignments. Exclusive assignments grant the assignee the sole right to exploit the patent, whereas non-exclusive assignments allow the assignor to retain some rights. Another type of patent assignment is the partial assignment, where only a portion of the patent rights are transferred. International transfers are also common, where patent rights are assigned across national borders. In such cases, it is imperative to examine the laws and regulations of the relevant jurisdictions. Additionally, patent assignments can be limited by field of use, territory, or time, allowing the assignor to retain some control over the patent. Moreover, exclusive licenses can be granted, which give the licensee the right to exploit the patent, but the patent owner retains ownership. Understanding the different types of patent assignments is pivotal to executing complex patent transactions.

Benefits of Patent Assignment

By executing a well-structured patent assignment agreement, inventors and patent holders can realize numerous benefits that enhance the value and strategic potential of their intellectual property. One significant advantage is the potential for Increased Revenue through royalties, licensing agreements, or outright sales. By assigning patent rights, inventors can monetize their creations and generate passive income streams. Additionally, patent assignment can facilitate Strategic Partnerships, allowing companies to collaborate on research and development, expand their product offerings, or enter new markets. This can lead to mutual benefits, such as shared resources, reduced development costs, and accelerated innovation. In addition, patent assignment can also provide a competitive advantage by preventing others from using the patented technology, thereby protecting market share and reputation. Overall, a well-crafted patent assignment agreement can tap into the full potential of intellectual property, driving business growth and success. By leveraging these benefits, inventors and companies can capitalize on the value of their patents and stay ahead in today's fast-paced, innovation-driven economy.

Potential Risks and Pitfalls

Inventors and companies must be aware that patent assignment agreements can also harbor hidden dangers, including ambiguity in contract language, unequal bargaining power, and unforeseen consequences that can undermine the very value they seek to protect. These potential risks and pitfalls can lead to Hidden Liabilities, which may not be immediately apparent but can have significant financial implications down the line. For instance, a poorly drafted agreement may fail to address critical issues, such as ownership disputes or territorial restrictions, which can lead to costly litigation . Furthermore, Unforeseen Consequences can arise from agreements that do not account for future developments or changes in the market. This can lead to the loss of valuable intellectual property rights or the creation of unintended obligations. It is crucial to approach patent assignment agreements with caution and a clear understanding of the potential risks involved. By doing so, inventors and companies can mitigate these risks and safeguard that their intellectual property is protected and valued accordingly.

Drafting and Negotiating Strategies

When drafting and negotiating patent assignment agreements, it is vital to carefully consider the inclusion of specific key provisions to safeguard the parties' interests are adequately protected. Effective negotiation techniques are also vital to successfully navigate the assignment process and reach a mutually beneficial agreement. By concentrating on these critical aspects, parties can minimize potential disputes and guarantee a smooth transfer of patent rights.

Key Provisions to Include

Key to the efficacy of a patent assignment agreement are several vital provisions that should be meticulously drafted and negotiated to create a thorough and enforceable contract. Among these, the Assignment Scope provision is fundamental, as it defines the specific patents, patent applications, or intellectual property rights being transferred. This provision should clearly identify the assigned intellectual property, including patent numbers, application serial numbers, and relevant jurisdictions.

Another vital provision is Payment Terms, which outlines the consideration exchanged for the assignment of patent rights. This may include lump-sum payments, royalties, or milestone-based payments. The payment terms should be carefully negotiated to guarantee that the assignor receives fair compensation for the transferred intellectual property. Additionally, the agreement should specify the payment schedule, payment method, and any applicable taxes or fees. By including these key provisions, parties can clarify their rights and obligations, minimizing the risk of disputes and facilitating a successful patent assignment.

Effective Negotiation Techniques

During patent assignment negotiations, a thorough understanding of the intellectual property at stake and a well-thought-out negotiation strategy are crucial to achieving a mutually beneficial agreement. Effective negotiation involves a combination of skills, including active listening, creative leverage, and a deep understanding of the assignment agreement's key provisions. Active listening enables parties to clarify their interests, identify potential points of consensus, and build trust. By carefully considering the other party's needs and concerns, negotiators can create value through creative solutions that meet both parties' interests.

To exercise creative leverage, negotiators should identify potential deal-breakers and use them as bargaining chips to negotiate more favorable terms. This may involve making concessions in non-critical segments to secure key provisions. Additionally, negotiators should be prepared to walk away if the agreement does not meet their minimum requirements, as this can often prompt the other party to reconsider their position. By employing these effective negotiation techniques, parties can navigate complex patent assignment negotiations and achieve an agreement that satisfies their interests.

Frequently Asked Questions

Can a patent assignment agreement be terminated or cancelled?.

A patent assignment agreement can be terminated or cancelled upon occurrence of specific Breach Consequences, as outlined in the Termination Clauses, which may include material breaches, non-payment, or failure to perform contractual obligations.

How Do I Determine the Value of a Patent for Assignment?

To determine the value of a patent for assignment, consider factors such as patent royalties, market demand, and competitive landscape. Conduct a thorough patent valuation analysis, employing methods like cost approach, market approach, and income approach to arrive at a precise valuation.

Are Patent Assignments Publicly Disclosed or Confidential?

Patent assignments can be either publicly disclosed or confidential, depending on the agreement terms. While assignments are typically recorded with the USPTO, sensitive information, such as trade secrets, may remain confidential, unless voluntarily disclosed or revealed through public records.

Can a Patent Be Assigned to Multiple Parties Simultaneously?

In patent law, simultaneous assignment to multiple parties is possible, leading to joint ownership. Co-inventors, for instance, can jointly own a patent, with each owning an undivided interest in the entire patent, unless otherwise specified in the assignment agreement.

Do Patent Assignments Require Approval From Government Agencies?

In general, patent assignments do not require approval from government agencies, although International Regulations and Agency Oversight may apply in specific jurisdictions or circumstances, such as national security reviews or antitrust clearance.

What Is an Assignment for the Benefit of Creditors and How Does It Differ From a Bankruptcy? - Creditor’s Rights Toolkit

An assignment for the benefit of creditors (ABC) is a process by which a financially distressed company (referred to as the assignor) transfers its assets to a third-party fiduciary (referred to as the assignee). The assignee is responsible for liquidating those assets and distributing the proceeds to the assignor's creditors, pursuant to the priorities established under applicable law.

Troutman Pepper's Creditor’s Rights Toolkit is a series that provides practical insights to help creditors confront the challenges of commercial bankruptcy.

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