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Real Deal

How Would You Rate This Practice’s Handling of an Angry Early Bird?

A patient denied before-hours service takes matters into her own hands.

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SPARKLE CITY OPTOMETRY normally opened its doors at 8am. Receptionist Heather, a night owl, found she could only manage this by grabbing breakfast at the coffee shop next door and scarffing it down at the front desk. One morning, Heather looked up from her sandwich to see a woman peering in the window. Heather jumped a little, and the woman waved impatiently and pointed at the door. Heather suppressed an eye-roll and moseyed over, keeping her hand on the deadbolt as she leaned her face through the door crack. “Good morning, ma’am, we will be opening in 10 minutes!” said Heather cheerfully.

ABOUT REAL DEAL
  • Real Deal scenarios are inspired by true stories, but are changed to sharpen the dilemmas involved. The names of the characters and stores have been changed and should not be confused with real people or places.
  • ABOUT THE AUTHOR
  • NATALIE TAYLOR is owner of Artisan Eyewear in Meredith, NH. She offers regional private practice consulting and ABO/COPE approved presentations. Email her at info@meredithoptical.com
  • “I know that, but I need to get my contact lens order and I really need to get to work as soon as possible!” she said.

    “Our staff are still arriving and getting the office ready. I will unlock the door at 8am and we can make that happen,” said Heather, stepping back.

    “Wait!” the woman exclaimed. “Can’t you just get them for me? I paid already; you just need to hand them to me!” 
    “It’ll just be 10 minutes,” continued Heather. “There is a coffee shop next door while you’re waiting?” she said, flashing her best smile at the scowling woman. She grabbed her food off the desk and marched back to an empty exam room, far from any windows.
    By 8am the lights and equipment were on and Heather’s coworker unlocked the front door. The woman made a beeline to reception and coolly gave her name to Heather, who had the boxes of lenses ready.
    “My eyes are actually bothering me, too,” said the woman. “I think it’s allergies. Can Dr. Wylam see me now?”
    Heather grabbed the schedule and studied it, while the woman scanned her name tag. “Yes, I think we can do that! I am going to need to pull your insurance, but I can do that while you’re in with him,” she said. “You have a $30 copay. I’ll take that and a technician will bring you back.”
    A few moments later, Dr. Wylam stepped into the exam room, already operating on autopilot. “Good to see you. My notes say you’re having some allergy issues. Let’s take a look at your eyes, chin up here, look at my ear, blink…”

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    The patient suddenly pulled her head out of the chin rest and shook her head. “Actually, I need to speak to you about your receptionist Heather,” she announced. “She was here at 7:50am and came to the front door but refused to give me my contact lenses. I’m making myself late for work but I couldn’t leave without talking to you. I’ve never been treated so rudely!”

    The doctor was shocked. “I’m so sorry that happened,” he said.

    “I’m sure you are, but I want to know what you’re going to do about it,” she said, clasping her hands.

    “Well I’m sure there will be a conversation, and…”

    “I think you should fire her,” the patient said bluntly.

    “I’m not going to do that,” said Dr. Wylam without hesitation. “We have an internal system for handling staff issues.”

    “Then you’re losing five patients: me, my husband, my son and my parents,” she said. “Now, I really need to go to work.”

    Dr. Wylam said goodbye to her and summoned Heather to hear her side of the story.

    There was no punishment or follow up, but a few weeks later Dr. Wylam received a voicemail from the patient, livid that the visit had been submitted to her insurance. She threatened to report fraud if he didn’t cancel the claim and reimburse her for the $30 copay.

     

    The Big Questions

    • Did Heather treat the patient badly, or is she blameless?
    • Should this exam have been submitted to insurance? Why or why not?
    • Is there anything Dr. Wylam can do or say to salvage the situation?
     

    Expanded Real Deal Responses

    Greg H. Minneapolis, MN

    Bill her insurance. Do not refund her a penny. Your open hours are your open hours…not 10 minutes prior. Let them walk; there are more fish in the sea. Chances are she’ll be back. Too bad for your staff. Sadly, the doctor’s hands become tied whenever a patient makes ridiculous demands, and reprimanding a staff member in front of a patient to assuage the patient’s overly ruffled feathers is a dangerous precedent to set. He was right to defend Heather at that point, but a follow-up apology letter with a gift card afterwards might have helped. PS: What office is still “getting ready” 10 minutes before opening?!!

    Lewis K. Milan, TN

    Heather should have gone and gotten the lady’s contact lenses. Insisting on firing her was unreasonable. We are there to serve our patients and anything reasonable that we can do to improve our services is indicated.

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    Danielle S. Fort Worth, TX

    The question you should ask yourself is, “If I were the patient, what would I want?” The staff member wasn’t in the wrong, but the manager/doctor was. Your staff doesn’t make the decision when to come in, so therefore you should mandate that enough staff members get there 10-15 minutes before 8am to unlock the door, get the office ready, and avoid problems like this. It’s a simple solution and far more convenient for the patient. In addition, the staff should be trained to go above and beyond for your patients. Don’t leave good behavior up to fate! The charges are a little tougher. If you schedule an appointment with a doctor, you should expect to be billed. The time you took on the schedule is time they lost on other patients with real issues and trouble. However, common courtesy shows the doctor could make the choice to waive the fee, due to the circumstances of the false visit. There isn’t one right answer!

    Tim O. Richmond, VA

    Not to be too hard on Heather, but she should come to work prepared for the day and ready to work once clocked in. Creating a customer experience will reinforce strong lasting relationships. Heather should have taken care of the customer immediately and not put her off. This would have eliminated the additional issues. Given the actual events, the customer charges should have been voided and no claim sent to the insurance company. It was bad enough that they lost the family’s business; you do not want to do more damage and risk an online review that could deter other customers from doing business at the office. The doctor’s response to the request for Heather to be fired was perfect. I would suggest the doctor go above and beyond once all the event details are known to keep the customer. Except for firing Heather!

    Sheri H. Creighton, NE

    If Heather did not wish to be bothered before 8 o’clock, she should not have been sitting and eating her breakfast in full view of the windows. Was she clocked in? If she was, she is at work and should have assisted the woman. If not, she should be eating in a break room. Should the appointment be billed? Yes, the patient stated that she was having eye issues. She should simply have asked to speak to the doctor about a personnel matter. The only way for the doctor to defuse the issue was to apologize to the woman in person and explain the insurance issue versus the personnel issue. He should speak to his staff about using the break room. If you are clocked in you are considered to be at work and should assist patients even if it isn’t the stroke of 8 o’clock.

    Staci V. Sun City, AZ

    While it sounds like the patient was a bit over the top and demanding, I think it could have been handled a bit differently. It sounds like Heather was pleasant and tried her best to delay the woman, but it would not have been the worst if she helped the woman a few minutes early, unless store policy prohibits it or she herself was not qualified to dispense the lenses. While it was underhanded of the woman to make an appointment under false pretenses and she should have been up front about why she wanted to speak with the doctor, the visit should not have been billed to insurance. As for as the woman’s demand that Heather be fired, she was out of line, and the doctor did well in his response.

    Stewart G. San Francisco, CA

    1. No, the patient was not treated badly. There are many offices where rules are to start business at official opening time, not before. In some cases, premises insurance will not cover accidents during non-business hours. The employee was very polite. However, I would tell staff that they cannot eat in full view of the public. And if the patient had to get to work, why did she waste time creating that ruse right then and there?
    2. I wouldn’t have, because the non-medical nature of the visit became apparent at the time the patient spoke to the doctor.
    3. He shouldn’t bother. If the patient is offering their business predicated on removing an employee who did nothing wrong, that’s a patient you do not want in your practice. The doctor’s appreciation of their staff in these instances will go a long way to maintaining the office environment and increasing business.

    Sondra M. Wichita, KS

    Our policy states that we MUST have two people in the office before the doors are opened just to avoid this possibility. This gives an eyewitness to any unhappy occurrence and helps in controlling flow of the office. The only fault I see is that Heather made herself vulnerable by being visible. Office hours are office hours and clearly stated, if we make an exception for one, we must make exception for all. That’s bad practice as patients will think they can come and go at their convenience and not stated open hours. Insurance is justifiably filed. She stated her complaint and took the doctor’s time. The doctor stood up for his staff, that makes for a great work environment when staff know they won’t be penalized for upholding stated business guidelines. However, there should be policy in place regarding eating outside of designated areas.

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    Kenneth P. Oklahoma City, OK

    The practice took a chance on losing a patient or patients for a 10-minute issue. This sounds like an internal problem that needs to be handled quickly. Poor handling will cost the practice patients, reputation, and money. The office manager or the doctor needs to impress on the staff that they are in a customer service profession, and this was a big fail. Heather shouldn’t be fired. Nothing should have been filed. A nice gift card should be sent for the patient’s trouble. With all the competition out there, why would you risk losing this patient and her family for 10 minutes?

    Katie A. Nashville, TN

    Heather did not have to give the patient her contacts, but it would have been beneficial to the practice if she had. And that should always be the consideration taken by employees — to go the extra mile — especially with the competition from online companies and the unfortunate expectation of instant gratification becoming more prevalent. Our office realizes customer service is our best defense against online sales, so we try to put forth extra effort any way we can, even if it means staying over a little later to give a patient their glasses or working through the occasional lunch break.

    Daniel M. New York, NY

    She should have handed her the contacts. Nothing can fix this. No exam should be submitted. Copay should be taken in advance.

    Scott L. Greenville, SC

    Heather was not rude but she did handle the situation incorrectly. She took the time to open the door so it would not have hurt to get the patients’ contacts. She had them ready when the patient came in, so she could have just given them to her. Not a firing offense but punishable for sure. The exam should not have been submitted because the doctor did not actually look at her eyes. I would give her the $30 back and ask her not to return.

    Dennis I. Monroe, CT

    Unfortunately, Heather triggered a chain of events making a bad situation worse. Customer service is always the first priority. Customer service is what sets eyecare practices apart. Heather should have allowed the patient in and dispensed her contact lenses to her. The patient was already expecting a hassle, being late for work, and Heather just fueled the fire. There is no justification for the doctor billing the insurance company unless he actually gave the patient a diagnosis and a treatment. Since that wasn’t done, the office staff should immediately contact the patient and rectify the situation. There is a whole lot of room for staff education in this scenario and the doctor needs to adhere to appropriate exam protocols.

    Angel M. Cynthiana, KY

    Heather’s breakfast was not more important than patient relations. It would only have taken a moment to pull up the patient’s records and dispense the contact lenses. No type of examination or medical consultation was given, so she should not have been charged, or the visit filed. That was just throwing fat into the fire and I agree that it seems fraudulent.

    Monica T. Charlottesville, VA

    It is very frustrating when you come in early to try and get something done prior to opening, however since the contacts where paid for — I would have left her outside and gotten her contact lenses. It should not have been billed to insurance but very tempted to charge for the doctor’s time since she lied. I would refund the money and make notes in case she decided to return. I would also contact the insurance company and let them know to avoid getting in trouble with them. She doesn’t respect other people’s time and could have reached out to the doctor in a different manner. My doctors always shared emails or letters that needed to be addressed. If you want your staff to have the time prior to opening to be undisputed then I would put up a screen on the door so patients cannot see in or have a back desk they can work at — if she was just eating — she should stay in back to avoid this in the future.

    Olga C. Yuma, AZ 

    Heather shouldn’t have let it get that far. If she had let her in and dispensed the contacts in the first place the other issues wouldn’t have arisen. Sometimes staff has to use their best judgement with patient satisfaction.

    Rick R. Girard, PA

    1. Heather is 100% to blame. If she would have eaten breakfast somewhere besides in full view of a potential situation like the one that happened, all of this could have been avoided. No, instead she adds fuel to the fire by not giving the customer the contacts, which would have taken minutes at the most and, again, avoided the situation all together.
    2. No, since the exam was never really performed. Granted she mentioned allergies and that in itself could constitute a reason to file, but losing five patients and then getting accused of insurance doesn’t seem worth the hassle.
    3. I doubt it. He waited too long. Seems like Heather takes the cue from her boss.

    Chani M. Highland Park, NJ

    Heather didn’t treat the patient badly per se, but she did make some serious mistakes. If the office is closed, don’t sit near the front window where patients can see you. This would have made the issue a non-event. Once she was spotted AND went over AND listened to her request she should have sucked it up and handed her the contacts, they were paid for anyway. Then she should have told herself never to sit up front again when the office is closed. The encounter with the doctor should not have been billed, I understand she took time with the doctor but how do you legally code this encounter? Not cool. Refund the copay as well. Tough call as to how to salvage the situation. I would hand write a letter of apology/explanation to the patient, telling her how much I value her patronage etc. etc. and that Heather was duly admonished. The patient was definitely not 100% right either, but that’s not the point here, the point is the interaction occurred.

    Robert M. Edina, MN

    Heather should have gotten the patient her lenses and thanked her for her business. This problem escalated when she decided taking two minutes to deliver the lenses could have made the patient happy. Heather could have made a much better decision. You could make the argument for billing insurance, however better judgement could have saved even more pain and distress. Dr. Wylam should retract the insurance bill and refund the patients co-pay since no service was performed or treatment plan developed. He should write the patient a sincere apology for the incident and outline what steps have been taken to prevent its reoccurence. He could include a gift card or an offer of free plano sunwear. He should then follow-up with a phone call inviting her back to the practice.

    Lisa T. Mountain View, CA

    She wasn’t rude, but wasn’t friendly about it. The exam didn’t seem to be an exam after all, so the patient should have been charged for doctor’s time, but not billed for any services. The doctor can assure the patient that her concerns are heard and that his staff was following opening procedures. Maybe he can evaluate this procedure in the future. Apologize for the inconvenience.

    David G. Beckley, WV

    Yes, I believe the insurance should be billed, the patient agreed to see the doctor. There is not much that can be done in my opinion. Pull the shades. I am sure the patient isn’t going to pay Heather for her 10 minutes off the clock. Also, for security reasons the door should be unlocked when the office is fully staffed.

    Barbara S. Ohio

    Heather should have let the patient in, this is usually an isolated incident and for the client to have seen the employee in the window and even addressed by her made matters worse. The time it took Heather to go to the door and let the woman know she could come back and the ensuing actions, she could have just got the woman her contact lenses which were already paid for. No, the exam should not have been submitted because clearly, the woman, right or wrong was using his time to make a complaint, however, had Heather let the woman in in the first place, this would not have happened. Dr. Wylam could calmly have let the woman know, he will train his staff to let patients know in the future, if they have extenuating needs to pick up product outside of store hours, that they need to call in advance the previous day.

    Amy P. Corona, CA

    Heather should not have been sitting at the front desk eating in view of the front doors. I understand that they were closed but she should have been somewhere that she was not able to be seen by patients. Personally, for myself I would have given the patient her contact lenses but then again, I also deliver contacts to patients that are unable to make it to my office before I close and they are on my way home. I do not feel the exam should have been submitted to the insurance because it sounds as if an exam was not performed. I would not fire Heather but I would definitely have a talk with her. I always try to treat my patients the way I would like to be treated. It does no harm to go out of your way once in a while. I don’t think there is much that can be done to salvage this situation.

    Judy C. Virginia Beach, VA

    Lesson 1: Don’t eat breakfast, or any other meal, in view of patients. 
    Lesson 2: Establish an office policy concerning allowing anyone in outside of operating hours and develop a “script” to use.
    Lesson 3: Refund the copay. Cancel the claim. This patient will never let it go if you don’t. Document everything.

    Ben R. Rockford, MI

    1. No Heather did not treat the patient badly but at the same time once you open the door for a patient you are kind of out of luck. If I had opened the door, I would have taken care of her. That said I would have made a “just a minute” gesture and disappeared out of sight if it was that important that I not open the door a few minutes early. 
    2. Depends. Did the doctor find something diagnosable if so then yes the patient used doctor’s time that he could have been using for a patient who had an actual concern.
    3. No this patient is someone who is just looking for a reason to make everyone as miserable as she is.

     

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    Real Deal

    A Sublease Eye Doc Didn’t Work Out

    Should the optician/owner pursue their non-compete?

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    ROXANNE WAS AT HER desk on a Sunday afternoon reviewing bills and rubbing at stress hives on her neck. The optician-owner of a gorgeous boutique near Sioux Falls, Roxanne was at her wits’ end with her sub-leaser, Dr. King. The women had a meeting scheduled to try to resolve their differences.

    ABOUT REAL DEAL

    Real Deal scenarios are inspired by true stories but are changed to sharpen the dilemmas involved and should not be confused with real people or places. Responses are peer-sourced opinions and are not a substitute for professional legal advice. Please contact your attorney if you have any questions about an employee or customer situation in your own business.

    ABOUT THE AUTHOR

    NATALIE TAYLOR is owner of Artisan Eyewear in Meredith, NH. She offers regional private practice consulting and ABO/COPE approved presentations. Email her at info@meredithoptical.com

    The pair met the previous year at a CE event and hit it off. Dr. King, a stay-at-home parent of several years, was inspired to return to work part time, and Roxanne was inspired to offer eye exams to her loyal client base. They created a two-year contract including a non-compete clause limiting Dr. King from practicing within 3 miles of her office within a year of contract termination, on penalty of several thousand dollars. Once the commitment was made, Roxanne retrofitted storage space into an exam lane and purchased second-hand equipment.

    Roxanne, waiting impatiently, now ran through the details in her mind to prepare for a contentious discussion. The terms of their agreement were 8-10 comprehensive exams in 4 hours for a flat rent. Patients scheduled with Dr. King directly so she could book around her family commitments. She billed and collected all exam fees, while Roxanne’s employees pretested, collected co-pays, and processed contact lens orders.

    For a few months everything went well. Then the financial disagreements began: Dr. King started scheduling just 2-3 patients a day and decided it would be fair to only pay rent every second or third week. Payments on the equipment leases were now greater than the rent. Roxanne was also seeing lots of shipping charges for contact lens trial orders, which Dr. King felt were the responsibility of the business as they profited from supply sales.

    The front door squeaked and a moment later Dr. King sat down at Roxanne’s desk. She looked worn but resolute. “I know you called this meeting,” she began, “but I’d like to speak first.”

    Roxanne nodded and pushed her paperwork to the side. “Okay, I’m ready.”

    “I’ve given it a lot of thought, and I just don’t think this is a good fit for me,” said Dr. King. “I’m tendering my resignation, effective 2 weeks out. I don’t have any patients booked past then anyway.”

    Roxanne’s eyes bugged. “You’re quitting?!” she managed to get out, throwing her head back and staring at the ceiling. “You’re quitting.”

    “This just isn’t fun for me,” she continued. “I don’t like your stress towards me, and I feel like I’m being nickel-and-dimed.”

    “Are you leaving to go work somewhere else?” asked Roxanne.

    “No, my wife and I don’t rely on my income,” she said.

    Roxanne sighed. “Well, it sounds like your mind is made up. It stinks we weren’t able to resolve things, but … I get it.” As soon as Dr. King left, Roxanne got to work posting the job vacancy online.

    A few weeks after Dr. King’s last day, Roxanne’s lab tech stopped her in the hallway. “I just heard through the grapevine, Dr. King is seeing patients over at Family Vision Center,” he whispered. Exasperated, Roxanne thanked him and went to call her lawyer about enforcing the non-compete clause. Family Vision Center was less than 2 miles away!

    The Big Questions

    • In what way could Roxanne and Dr. King have changed their agreement to mutually improve the situation?
    • If Dr. King bills for a contact lens fitting and the boutique bills for the supply, who pays the shipping and handling of trial lenses?
    • Is a non-compete clause justified for a sublease doctor? If the lawyer deems the contract enforceable, would you pursue?

    Expanded Real Deal Responses

    Andy H.
    Jacksboro, TN

    This scenario poses a significant problem for the optician/owner. I’m not sure how I’d resolve this situation, but it could’ve been avoided if a reputable business consultant had designed the contract. A professional consultant would have covered all the disputed variables. I think it’s interesting that a recent INVISION survey showed a mere one in four ECPs use consultants, and this Real Deal demonstrates the need to do just that. We’re all pretty smart about eyes, but not many of us can claim to be experts in business.

    Chris G.
    Inver Grove Heights, MN

    First, I didn’t see a copy of the non-compete document. Some of these documents are unenforceable depending on the laws in the state where this occurred. Second, all costs should be negotiated at the beginning of the employment. Third, even if a lawyer deems the contract enforceable, it can still be nullified by a myriad of other factors. Having said this, if all the contingencies are met in the agreement and it is enforceable, I would go after it immediately. Another part is who owns the files in the office. That should be negotiated as well.

    Bill K.
    Houston, Tx

    Bad terms of agreement upfront. Starts bad, ends bad.
    1. More concrete terms and understanding.
    2. Cost of trials? Ever hear of fitting sets?
    3. Non-compete should hold up if written correctly.
    Not a bunch of 2-year-olds at play. Grow up and live up to your commitments. “I don’t feel like I am respected.” Blah blah blah.

    Anna T.
    Claremont, CA

    First of all, they should have spoken more about what was expected from the lease. Possibly going through a broker to have a legal agreement prepared with terms stating that the lease was to be paid every week and that X amount of patients were expected per week. Also, they should have agreed upon the costs of the lenses, and who was paying for shipping charges in the agreement. Ultimately, I think that the doctor just did not have the right work ethic for this sort of collaboration. I think that the doctor’s fees should cover the trial shipping costs. I believe the non-compete is justified. However, since this doctor did not spend very much time working at the location, I am not sure that she would be much competition if she were to set up office in a nearby location. Most likely with her work ethic she would not be much of a business owner in the future.

    Rigo L.
    Indio, CA

    Ohh, the drama! It’s always easier to blame the other person. Both Roxanne and Dr. King gave up too soon; communication is key. It was unprofessional for Dr. King to quit. It’s not expected but the doctor should feel heavily responsible — in this case it looks like it was all business. The shipping and other stuff could have been worked out if both were willing to keep to their agreement; at the end of the day they still made a profit. As far as pursuing the non-compete clause, it sounds exhausting, expensive and time-consuming, but if this is going to save my business, I would go ahead with it.

    Darrell L.
    Goodlettsville, TN

    The contract should have spelled out the particulars of fees, bills and supplies. Leaving things open-ended always creates problems. The non-compete is justified and was agreed to in writing, therefore it is binding. If the tables were turned, the doctor would likely pursue reimbursement for damages from the optician.

    Frank U.
    Bakersfield, CA

    No lawyer; lesson learned, find another doctor.

    Wilfredo M.
    Philadelphia, PA

    Unless Roxanne and the doctor agreed to bringing another doctor to work more hours, I don’t see how. Two or three exams a day doesn’t justify the expense of equipment, or cutting the space to put in an exam room.

    The optical should pay for shipping for trials, but also keep in mind that for trials at least a commitment for the sale of the contacts should be engaged, or an order for glasses should be placed — and then seen as a courtesy from the optical, not from the doctor.

    Whatever is the right and legal thing to do. If the income was not the issue based on Dr. King’s answer, why work in a place that close? People should not be allowed to conduct a market study while working with you and then become your competition! Keep in mind that patients are the “property” of the doctor, who did the billing.

    What’s the Brain Squad?

    If you’re the owner or top manager of a U.S. eyecare business serving the public, you’re invited to join the INVISION Brain Squad. By taking one five-minute quiz a month, you can get a free t-shirt, be featured prominently in this magazine, and make your voice heard on key issues affecting eyecare professionals. Good deal, right? Sign up here.

    Continue Reading

    Real Deal

    A Compensated Lens Design Tripped Up This Eye Doc

    The patient wants his glasses and exam refunded.

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    IT WAS A BRIGHT SATURDAY morning in Baltimore and Dr. Garcia’s optician Elena was engrossed in auditing last month’s lab bills. Ten months ago she had been recruited from a bank teller position by Dr. Garcia. His previous optician had quit unexpectedly, and after a month of trying to hire someone with experience, the optometrist trained Elena himself.

    ABOUT REAL DEAL

    Real Deal scenarios are inspired by true stories but are changed to sharpen the dilemmas involved and should not be confused with real people or places. Responses are peer-sourced opinions and are not a substitute for professional legal advice. Please contact your attorney if you have any questions about an employee or customer situation in your own business.

    ABOUT THE AUTHOR

    NATALIE TAYLOR is owner of Artisan Eyewear in Meredith, NH. She offers regional private practice consulting and ABO/COPE approved presentations. Email her at info@meredithoptical.com

    Dr. Garcia interrupted her concentration with a patient hand-off. “Elena, you may remember Victor, he had an exam a month ago,” he said. Victor and Elena nodded to each other in recognition. “Well, Victor had his glasses made down near D.C. and they aren’t right.”

    Victor handed Elena his spectacles: progressives in a drill mount frame. “I just picked them up yesterday. Since I live closer to you guys, and you did the exam, I thought I should have you check them.” He threw his hands up in exasperation and added,

    “I just can’t drive in them!”

    Elena cradled the frame. “Let me read the lenses, I’ll be right back!” Victor sat down at the dispensing table and Dr. Garcia followed the optician into the lab.

    “I checked them already,” said Dr. Garcia quietly. “They’re off — the left lens in particular is 12 degrees off-axis, and the right lens has cylinder even though I didn’t prescribe any. Look at the add power — I wrote for 2.50, but they made a 2.44 and a 2.45. What the heck is that?!”

    Elena gave Dr. Garcia a look of shock. “What should we do?” she asked.

    Dr. Garcia squinted through a few thoughts before grabbing the frame from the lensometer.

    “Follow me,” he instructed, heading back to his patient.

    “Victor, these lenses aren’t what I prescribed,” confirmed Dr. Garcia. “You can go back and tell them to make them again, but if I were you I’d ask for a refund and get your glasses made here.”

    Victor frowned. “Fine, I’ll get a refund the next time I’m in D.C. I just want glasses I can use,” he said.

    Elena helped him find a flattering acetate frame, took his measurements and promised a quick turnaround. Dr. Garcia took the job directly to the local lab before work on Monday, and on Wednesday afternoon the patient, delighted, picked them up.

    The following Wednesday evening, Victor was back again. Dr. Garcia was with patients, but he found Elena in the lab.

    “I took these glasses back to the place I got them from, told them you said they were made wrong and asked for a refund,” he recounted. “The owner drew on them with a marker and spent about 15 minutes bending them, and then I saw great. He said if you guys think they were made wrong, you shouldn’t be in the eyeglasses business!” Elena’s face flushed and her eyes started to burn. “I obviously want to return the pair you made me, as I don’t need or want two pairs of glasses. Frankly, I see better with the other pair anyway.”

    “I’m so sorry about that,” stammered Elena. “Dr. Garcia approves our refunds and the bookkeeper issues the money.”

    “Fine, here are the glasses,” he said, handing her a beat-up gift bag. “I expect that recheck visit to be refunded too. Completely ridiculous,” he muttered, and stormed out.

    The Big Questions

    • Dr. Garcia is clearly unfamiliar with compensated lens designs. Is there anything anyone could have done better in this situation?
    • Elena now has a returned frame that has been worn a week. Should it go back on the board for resale?
    • Victor is insisting his recheck fee of $50 be refunded. How should Dr. Garcia proceed?

    Expanded Real Deal Responses

    Rachael D.
    Burlingame, CA

    I find these situations very tricky. You don’t want to call out the doctor or make any accusations and potentially ruin a business relationship. Assigning blame doesn’t necessarily instill confidence in a patient or client either. I would have printed out the compensated lens Rx and discussed that with the doctor and patient. The numbers game can be very deceiving. I would have encouraged the doctor to contact us to discuss her findings before making statements that may not be true. I would afford her the very same professional courtesy. There shouldn’t be a fee for a recheck if she did the original exam. The frame gets donated.

    Manuel L.
    Midland, TX

    Dr. Garcia should have checked the glasses on the patient’s face, made proper adjustments, tried to bend the axis maybe 2 or 3 degrees, and probably could have made the Rx work. He never should have charged $50 for a recheck. That should have been considered a bit of professional service gratitude.

    Taylor K.
    Ellington, CT

    1. Dr. Garcia should have had Elena contact the fabricating location and learn more about the lenses. Elena could recommend to the dispensing location the doctor’s suggestions to address the patient’s issues before encouraging the patient to order a new pair. We would never force a new pair on a patient unless it was their idea, and we would emphasize that we do not return orders.

    2. Elena will need to assess the wear on the frame. If it is in great condition. then clean it, add new demo lenses, and put it back on the board. Otherwise, return it under warranty.

    3. I would advise the patient that because there was not an issue with the prescription, they are responsible for the re-check fee. I let the patient know for future reference that had our office made the glasses or there was an error in the prescription, then there would be no charge. The dispensing office’s errors do not constitute free chair time for a patient that is not loyal to the practice.

    Yen N.Dallas, TX

    Digital or high index lenses have been known to cause a compensated Rx. Not knowing the difference, since he may not be knowledgeable about that, the doctor probably assumed they were made incorrectly. (I know this from personal experience.)

    Knowing all lens possibilities in this industry — whether doctor or optician — is vital so that there are more reasonable conclusions for the guest. Ask more questions about what the client purchased, and what type of specific vision issues could be ruled out by adjustments. The frame could be marked down, with the next customer being informed that they were a frame worn and returned within a week. But get it cleaned and polished by the lab before putting it back on the shelf. If your business does not do that then request an RA if possible. The recheck fee should definitely be returned. The client should not have to pay for something that did not benefit him. A lost customer is not worth the $50 in the end.

    Leisa L.
    Newport Beach, CA

    Before Dr. Garcia and his optician suggested returning the drill mount glasses, there should have been more communication with the patient regarding the actual areas where his vision was not comfortable. Adjustments could have been made by Dr. Garcia’s office staff to correct the problems. The patient was charged a recheck fee, which is questionable considering the original Rx was done by Dr. Garcia. The end result would have been a better relationship between Dr. Garcia’s office and the patient.

    Yvette R.
    Cincinnati, OH

    Adjustment should be an additional consideration when a patient says that he cannot see. Dr. Garcia would benefit from a continuing education class on digital lenses and position of wear. He needs to arrange for Elena to receive training from a lab rep. Elena could ask Dr. Garcia if the extra pair of glasses could be given to the angry patient as a back-up pair and a gesture of apology. I would refund his re-check fee as well, and hope that he returns for his routine exams.

    Bob S.
    Pinellas Park, FL

    Both the doctor and Elena need to get up to date on lens technology. They need to request help from a lens rep and take some CE courses on the subject. If the frame is not damaged it could be sanitized and go back on the board. His recheck fee should be refunded since it was unnecessary.

    Charley A.
    Hurst, TX

    Cut your losses. Refund all fees subsequent to the initial exam. No one said the “glasses were made wrong,” just that they did not appear to be made to prescription. Confirming the patient’s understanding regarding the follow-up exam and the refund/remake policy regarding the second pair or glasses might have helped. The patient will not remain happy. Be on alert for his return.

    Rigo L.
    Indio, CA

    Let me start by saying this is a rookie mistake by Dr. Garcia. Doctors should never talk money with patients and more so, never recommend patients to return/refund glasses and get them at their office. Elena didn’t do anything wrong; she is not an optician, she is learning the business. We all hate when patients get glasses elsewhere and want us to figure out what is wrong, but the best way to handle this is by sending them back and having the office who made them figure out what is wrong. There was no reason for Dr. Garcia to do an Rx recheck. Even if the glasses were made wrong, they should have been remade correctly before any recheck. Nobody likes the idea of wearing a used frame, but in small optical shops and in cases like these, they are not going to take a loss on a frame. Compensated Rxs are not something new; by now everyone should be familiarized with digital lenses. This looks like a lose-lose situation: lose money and a patient.

    Maureen G.
    Oak Park, IL

    Dr. Garcia clearly needs some CE classes. At the very least get your lab reps in to talk about the latest digital designs and compensated Rx. He should also have Elena go to classes; joining a group such as PECCA would help immensely. If the frame is in usable condition, you can discount it and be upfront about prior wear and definitely refund his money.

    Andrews, MD
    Hurst, TX

    Cut your losses. Refund all fees subsequent to the initial exam. No one said the “glasses were made wrong,” just that they did not appear to be made to prescription. Confirming the patient’s understanding regarding the follow-up exam and the refund/remake policy regarding the second pair or glasses might have helped. The patient will not remain happy. Be on alert for his return.

    Stewart G.
    San Francisco, CA

    1 The only thing I can think of is perhaps calling the place where the patient originally bought the glasses and discuss the issues.

    2. I’m uncomfortable with that, but offices will do that.

    3. It depends on whether or not the Rx was changed radically in the first place. I wouldn’t have charged him in the first place if the prescription had not changed significantly. I would only have done the recheck if the Rx had changed.

    We have a case here of the blind leading the blind. This professional doesn’t know about these lenses and he’s teaching a novice about things he doesn’t even know? OMG!

    Judy C.
    Virginia Beach, VA

    I learned years ago that you can’t make yourself look better by trying to make someone else look bad. The first move should have been for Elena to call the office where the glasses were made and ask for all the pertinent information, letting them know that their mutual patient was unhappy. Simply relying on a neutralization is not enough. Checking the adjustment of the frame should have been the second move. Finally, there is no excuse for not knowing about current lens technology. Education is available from multiple sources and in multiple modalities.

    Rick R.
    Girard, PA

    1. For one thing Dr. Garcia should have never told Victor to return the glasses for a refund and purchase them at his office. I wouldn’t be happy with either office. If the office where he purchased the glasses had to spend 15 minutes “bending them” I certainly wouldn’t be feeling too comfortable. Especially drill mounts.

    2. If the frame was still in good condition, I’d put it back on the board at a reduced price.

    3. Dr. Garcia should give back the recheck fee. Clearly (no pun intended) he was in the wrong.

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    Real Deal

    An Order is Canceled After the Insurance Company Steals the Work. How Must the Office React?

    An order is canceled after the insurance company steals the work. How must the office react?

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    SECOND LOOK OPTICS, a well-established optometry practice near Iowa City, IA, offers a lot to patients. The optical displays over a thousand frames, the doctors accept all regional insurance plans, and their schedule includes evening and weekend appointments. Late one Saturday, optical manager Zack was paired with new patient, Bonnie, who was on a mission to find the perfect frame.

    ABOUT REAL DEAL

    Real Deal scenarios are inspired by true stories but are changed to sharpen the dilemmas involved and should not be confused with real people or places. Responses are peer-sourced opinions and are not a substitute for professional legal advice. Please contact your attorney if you have any questions about an employee or customer situation in your own business.

    ABOUT THE AUTHOR

    NATALIE TAYLOR is owner of Artisan Eyewear in Meredith, NH. She offers regional private practice consulting and ABO/COPE approved presentations. Email her at info@meredithoptical.com

    “I really like the Warby Parker look,” Bonnie explained. “Roundish, nerdy, and preferably clear with a hint of gold or silver. Do you have that?”

    Zack knew there was an older Kala frame somewhere in a yellowish crystal, and after searching a few drawers in the dispensary he found it. Bonnie put them on and faced Zack.

    “So, I don’t think this is a flattering color on you,” he said. “Also, the keyhole style doesn’t really fit your bridge.”

    Bonnie looked in the mirror and grimaced.

    “Can I pull a few frames together for you to try?” he asked.

    “Yes! I almost bought something like that online … I’m so glad I didn’t,” she said.

    Zack quickly assembled a set of four disparate frames and after half an hour of deliberation Bonnie selected one quite different from her original intention. She and Zack then carefully went through the math to determine if her vision benefit should be applied first to her contact lenses or the eyewear. Bonnie hadn’t had new glasses in six years and was struggling to accept the frame and lens prices, even with the discounts. Eventually everything was settled; Zack entered the orders and collected her co-pays.

    The following Monday afternoon Bonnie called to speak with Zack about canceling her order.

    “I sent you an email; did you read it?” she began.

    Zack found the message, time-stamped 20 minutes earlier. It was a forwarded e-mail from her vision benefit plan, encouraging her to purchase her glasses through their internet portal. It was sent late Saturday evening.

    “I’ve been on the phone with them, and their prices are much more reasonable than yours,” she continued. “I don’t really understand why you didn’t mention this was an option available to me? I made it clear I really need the most affordable pair possible.”

    Zack was unsure of what to say, but Bonnie seemed to genuinely expect him to explain himself.

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    “Well, of course you are not obligated to fill your eyeglasses prescription from the same office as your exam services,” he finally replied. “However, I have already submitted your order to the lab and the work has begun.” Zack held back a key detail: the practice had a strict no-returns policy.

    “I called my insurance and they just told me to call and cancel the order, that they would approve it,” Bonnie replied. “I have the lady’s name I talked to, if you need it.”

    “Okay, I’ll call and then ask our bookkeeper to mail you a refund in the form of a check,” said Zack.

    “Hang on, I also got an email yesterday from a contact lens website. They said I was eligible to try their new brand of contact lenses — which they sell for less than what I paid at your office — and if I did I’d get a $50 gift card to Amazon. So I need a refund on the contact lens order as well.”

    “Your contact lens brand is chosen by the doctor, you’d need to come in for a follow-up exam if you want to change brands,” explained Zack.

    “I don’t think so,” Bonnie said skeptically. “They already processed my order. I even have a tracking number.”

    Zack assured Bonnie the bookkeeper would be in touch and hurried her off the phone to find the bookkeeper.

    The Big Questions

    • Second Look Optics has a no-refunds policy. Should the policy always be overridden by vision plans or is there a middle ground?
    • What can Bonnie’s doctor do regarding her use of mystery contact lenses?
    • Now that Zack is aware these emails are being sent to patients, should his department treat patients with that insurance plan any differently?

    Expanded Real Deal Responses

    Mina K.
    Brooklyn, NY

    No refund policy should stand. Customer dissatisfaction can always be solved with a redo, exchange, store credit, etc. The doctor should educate the patient that trying inferior contacts is not appropriate for her wear schedule and detrimental/risky to her ocular health. The recommended contacts are the best and can be made more affordable by buying in volume and with rebates. Zack needs to affirm that his services/care rendered are valuable, and personal attention is unmatched by anything bought online by any service or insurance company. This goes for any customer, regardless of insurance.

    Kenneth P.
    Oklahoma City, OK

    Definitely a no-win situation for Second Look Optics. If you don’t give her a refund you look like a jerk, even with the no-refunds policy, but if you give the refund you are losing money because the lab already started the job and potentially will not no-charge the lenses. (Depends on the insurance company and lab, of course.) Since this is a new patient do you risk the blowback from an angry patient and the potential social media lashing? Do you take the time to call the insurance company and say what the heck? Do you explain to the patient that the insurance company is using inferior products to what you are selling hence the price difference? Make very detailed notes that the patient is ordering non-prescribed contact lenses from an online vendor. If the emails are standard policy, there is a need to consider whether to stay with that insurance company, but always try to educate the patient that buying elsewhere means inferior quality for their eyes.

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    Leonard H.
    Downers Grove, IL

    Move to the medical model of eyecare, use the terminology of optometric physican, refer to your practice as an eye clinic, write contact lenses as a prescription and stop trying to sell boxes of contacts, explain up front to patients “your glasses order is being placed as we speak, we will cover any and all issues with our prescription for you for 45 days. We know you will be happy with our eye exam and our optical expertise.” Face it fellow OD’s, we are being attacked from all sides. The old way is gone.

    Rigo L.
    Indio, CA

    I have seen this issue before in slightly different ways and the end result should be in my opinion the same; the office should not take a loss because of the patient finding a “better deal.” An easy way to avoid most of these issues is to always have the patients sign the office policy on returns/refunds. Policies should be included in new patient forms and should be scanned or saved. I have seen policies from no refunds to a 50 percent refund to restocking fees. In an office where the doctors go out of their way to care for patients and open late and on weekends, there is no room for patients that are trying to find “the most affordable pair;” in that case go to chain stores or the other cheap places — some take insurances. Zack should have been firmer with their “no refund” policy. The contacts should have been verified with the doctor before any changes. Not all patients are like Bonnie, so I would keep an eye out with that insurance.

    Cory O.
    Key West, FL

    The vision plan scheme is a zero-sum game for private practices. If you care about the quality of care you provide for your patients, and also want to turn a profit, then you cannot participate in any vision plan. Every day there is another layer of absurdity added to the process by the vision plan companies. This fictional article was only the tip of the iceberg in terms of the day-to-day confusion and problems that arise. Best advice that I have is to discontinue all vision plans or do lots of meditation and double the dose of your blood pressure meds.

    Judith W.
    Orange, CA

    Our policy is displayed throughout our office and printed on all receipts. All sales are final and non-refundable. We have had this happen to us and informed that patient that since the lenses were already in process that we could not cancel the order without charging their credit card for the lenses, since we would have to pay for them. The few times that patients have wanted to change the parameters of the contact lenses to match their wallet we have insisted that they come in for a refit. We explain that their eyes will react differently to each lens material and curve/diameter design and must verify that they will not react adversely to the lens, causing permanent damage. If the patient is not willing to come for the refit, then we will not approve the change and only confirm for what was prescribed. Since this has happened to our office, we do not pull authorization till the day of service and submit immediately once the patient has left.

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    Richard K.
    Castle Rock, CO

    I would write a letter to the insurance company explaining my feelings regarding them stealing my customers and ask to be removed from their network. I know that this reduces exams, but if enough ECPs do this, they may get the message. Unfortunately, it may just be around the corner that the insurance companies offer online refractions and cut out the ECP altogether. Otherwise, a clearly posted significant restocking fee retained on all canceled orders might help. As far as the patient getting different contacts than prescribed by the doctor, I’d at least check the state law and bring it to the attention of the state Attorney General’s office, as well as the FTC.

    Martha D.
    Wheatfield, IN

    Maybe they can match the price her insurance is giving for a new pair of glasses. Match what she would be getting from them and discuss with Bonnie the differences.
    Make a note in her chart and do not give her a prescription for the new contacts. Let her know if she decides to not see the doctor; it is on her, not the doctor for the contacts.
    Maybe call the insurance company in the future when dealing with someone who carries that plan.

    AJ S.
    Houston, TX

    I think it might be time to think about a class action lawsuit against the insurance companies that have this practice. Multilevel practices are destroying independent optical practices. Essilor and China are using the lack of control conditions to hurt rather than help our quality of care. Millennials think that computers can do everything, but they lack the human touch and so will the new generation of future adults. Time, patience, knowledge and personal communication should still matter in any medical situation. Eyecare and eyewear must be important and not be a computer program that is handled through greedy insurance companies that worry about the bottom line rather the human experience.

    What’s the Brain Squad?

    If you’re the owner or top manager of a U.S. eyecare business serving the public, you’re invited to join the INVISION Brain Squad. By taking one five-minute quiz a month, you can get a free t-shirt, be featured prominently in this magazine, and make your voice heard on key issues affecting eyecare professionals. Good deal, right? Sign up here.

    Continue Reading

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