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NSW Should I Return Medicare Funds Back to Ex-Employer?

Discussion in 'Debt and Bankruptcy Law Forum' started by rehabman, 2 June 2016.

  1. rehabman

    rehabman Member

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    I use to work in a private practice gym as a physio. Before I started I needed to fill in a form to get a provider number so I could treat Medicare patients referred to me from the GP. In the form, it asked for bank account details and I put mine. So every time I treated a Medicare patient referred to me, I claimed it under my provider number and the funds went into my account.

    I worked there for a year and resigned last month because I was fed up with him. My ex-boss today called me saying he suspects that Medicare funds have been going into my account (he went through my pigeon hole on my last day and saw a copy of a claimant form he said) and that I should of put in his bank details when applying for the provider number at the start (he never mentioned it to me when I was applying for it) and is demanding I return the money or he is going to get the police involved to get a search warrant to my bank account and I could get a criminal record.

    I called up Medicare and they said I had done nothing wrong by Medicare but this was more of a civil case.

    I feel as though that was his own fault for not informing me to put in his bank account details when applying for my provider number (or he should have filled out the form himself) and that I shouldn't have to pay any money back due to his mistakes. Mind you, he has been slandering my name to the clients since my departure saying I 'stole' money from him (I know because I have a good relationship with all of the clients and they called me telling me about it).

    What are your thoughts on this and also about his threat of potentially getting a criminal record? It's not like I intentionally did anything wrong.
     
  2. Rod

    Rod Well-Known Member

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    Under what basis is he claiming the medicare money?

    Is there anything in your contract with the Gym owner that says what happens with Medicare refunds? If the contract is silent on this issue tell him to stop defaming you or you will take him to court and will be seeking damages.

    The police will only get involved if there is fraud. They will stay away from contract disputes.
     
  3. rehabman

    rehabman Member

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    Hi Rod, thanks for the response. The contract is silent on the issue. He is claiming the medicare money on the basis that my provider number should have been linked to his bank account when I applied for it, but at no given time did he ever mention it. Didn't mention anything during my 12 months there, only decided to inform me 1month after I had left.

    This was news to me. I would have been more than happy to do it if he had told me that at the beginning but I feel it's too late now and he should be accountable for his mistake.
     
  4. SamanthaJay

    SamanthaJay Well-Known Member

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    I'm guessing there is a contract between you and him. Was he to get a percentage from each of your clients? Or were you employed by him and paid a wage? I can't see how he is entitled to the medicare money unless you had a contract stating that.
     

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