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16 Rutgers Bus. L.J. 308 (2020-2021)
Don't Cash That Check! Identifying Risks to Medical Billing and Collection Practices under the Doctrine of Accord & Satisfaction

handle is hein.journals/rutgblaj16 and id is 312 raw text is: Don't Cash that Check! Identifying Risks to Medical Billing and Collection Practices under
the Doctrine of Accord & Satisfaction
Casey W. Baker
Assistant Professor of Legal Environment
Marshall University
William Kent Willis
Assistant Professor of Health Care Administration
Marshall University
Charles Stivason
Associate Professor of Accountancy
Marshall University
ABSTRACT
Medical billing practices-especially non-disclosure and balance billing-have been the
subject of controversy in recent years, prompting calls for additional regulation. But the existing
commercial law doctrine of accord and satisfaction, which is well established in forty-nine states,
presents a risk to the collection practices of hospitals and other health care-related businesses that
has, thus far, been ignored by existing scholarship.
This article examines the doctrine of accord and satisfaction in the context of common
hospital billing and collection practices, identifying key aspects of the doctrine for health care
administrators to consider. The authors conclude with recommendations to health care
organizations for structuring payment processing systems to reduce the risk that medical bills will
be legally uncollectable.

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