Hello,I have an In-home aide business and a contract with the VA. Where can I file a prompt payment act as the business is in North Carolina?Helen.

2 months ago

I have a third party that helps with billing. However, because there is no prompt payment act in place I am still being owed about $12, 350 from January 2019 from the VA. This is holding funds back. As a small business owner, it is hurting payroll for my staff.

Senior Legal Associate Levelset

That’s a good question, and I’m sorry to hear you’ve been having trouble getting paid for your work. No one should have to scratch and claw just to be paid what they’ve already earned.

While we discuss prompt payment often – we discuss it in the construction context. Because this question relates to payment outside of the construction industry, I’m not sure I’ll be able to provide much insight here.

However, there are some general principles that should apply here. For one, any time payment is owed but is not being paid, a breach of contract might have occurred. So, exploring, potentially threatening, and maybe even pursuing a breach claim might be appropriate. Further, depending on the size of the debt, an action in small claims court might be an option, too. Nobody wants to send a debt to collections, but that could provide yet another option for recovery – and threatening to get collections involved can help speed things along, as well.

But, if push comes to shove, consulting a local attorney familiar with healthcare collections could provide a lot of insight here. They’ll be able to assess the circumstances, pore over any documentation or contracts, and advise on how best to proceed.

Finally, I should also mention that there are some other online resources that might be able to give little more insight on this topic. Avvo.com and JustAnswer.com provide the opportunity to ask questions of lawyers and other professionals and receive answers on tough situations, like yours. Good luck!

Your answer or comment: