Biohazard cleaning company refusing to provide self-pay itemized invoice

[Crystal Shen]

Hi,

I had to get biohazard cleaning done at my house because of something that happened to my tenant and I’m having trouble getting an itemized invoice from the biohazard company for the work done. They originally quoted me $2,500 for the job. Before signing the work authorization contract, I mentioned I might bill through insurance, and she said I should sign the contract anyway and she’ll internally switch things to insurance and have the tech document everything on site to ensure that insurance would have no doubts. She said not to tell the insurance company about my self-pay estimate. If I changed my mind, she would just switch me back to self pay. She said the self pay costs are lower since they typically bill insurance companies more. After the work was done, on a call with her, I asked what the self pay cost would be if I ultimately decided not to go through insurance. She said she couldn’t confirm because it was set to insurance pay in the system, but probably somewhere around $4,500. That surprised me because it was so much more than the original cost. They had originally quoted 2-3 hours, and the cleaning crew actually took about 9 hours. I asked her where the higher cost was coming from, and she left it vague and said it was time and materials based.

I asked her via text if I switched to self pay, if I could bill my insurance on my own later, and she said “We would wait to submit to insurance on the proper software - it won’t be broken out the way they prefer,” which strikes me as strange since it seems like the insurance and I should get pretty similar information or invoice breakdowns.

My adjuster is aware of all of this and our conversations have been recorded. He said that biohazard cleaning companies often charge insurance companies more than self pay options and that what was happening isn't legal, and that insurance would not cover it if they could not justify the cost over the originally quoted $2,500. He said that for me to submit the docs myself, he needs before and after pictures, the originally signed work authorization quote, and the itemized invoice to determine whether the increased cost is justified. Luckily, I took before and after photos/videos, so at least I have that documentation if she withholds it. 

The biohazard company said that if I switch to self-pay, she would not be able to switch me back to insurance, so I feel like I only have one shot at requesting the itemized invoice.

My questions:

1. Is the biohazard company legally required to send me an itemized receipt outlining services rendered in California? On the work authorization, the cost of each service is broken out, which made me think it would be broken out like that on the invoice, but now I’m not so sure.

2. I’d like to leverage leaving a review to notify others of my experience, but the arbitration clause in the work authorization form has a non-disparagement clause. However, according to the “Yelp Bill,” AB 2365, codified at California Civil Code Section 1670.8, it seems like it is not legal for her to include that language in the contract. I’d like to understand my rights here.

I'm open to other ideas about a way forward without having to undergo legal battles. I feel pretty stuck between what the biohazard company is saying vs insurance.