QUESTION
What could I do if a medical bill from emergency room never billed to insurance?
Asked on Aug 10th, 2015 on Personal Injury - Montana
More details to this question:
I was in emergency 3 yrs ago and it was billed to my insurance which paid the bill. However there was a separate bill that was not billed to the insurance company, my medical group or me. I just found out about it on my credit report. When I called the number of the collection agency I was told "it was not billed to the insurance company and that billing to the insurance company is a courtesy not an obligation of the emergency room". I was also told "it is my responsibility to make sure everyone gets a paid their portion". The insurance company said that they would pay it if I or the collection agency could provide them a detailed bill. The collection agency says "it is now too late to apply any insurance payments, I had 1 year to clear it up from the date of service". Told "it is now my responsibility to pay". How could I pay it if I didn't know the debt existed? It was placed on my credit report 2 years after the fact, after I received medical help in the emergency room. Do I have a case in small claims? I just want my insurance to pay. I paid my co-pay at the emergency room and they took a copy of my id and insurance card and billed my insurance a partial so I know they had the info.
5 ANSWERS
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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Contact the hospital where treatment was received. Ask for an itemized bill. Send it to your insurance company.
Answered on Aug 11th, 2015 at 9:59 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You may have something better than small claims, you may have a claim under the Fair Debt Collection Practices Act. At a minimum, the creditor has a duty to "mitigate" meaning that although you are ultimately responsible for the services provided, they have an obligation to get paid when payment is available. According to what you wrote, the insurance company is still willing to pay if they get a detailed bill. The collection agency has no business telling you anything about your insurance availablility. The collection agency MUST provide you with a detailed bill, insurance or no insurance, one month later or five years later doesn't matter.
Answered on Aug 11th, 2015 at 8:50 AM
James Eugene Hasser
Call the ER direct and tell them to bill your insurance company and see if they'll pay it. If they won't, consider retaining a lawyer and getting a declaratory judgment that says you are not liable. Good luck.
Answered on Aug 10th, 2015 at 6:36 PM
Ronald A. Steinberg
The hospital may have made you a gift. Get a lawyer.
Answered on Aug 10th, 2015 at 5:43 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The medical creditor is the place to apply pressure. Sue them in small claims for negligently failing to make reasonable efforts to contact you. Demand a written contract agreeing to pay anything. The collection agency won't quit until their future business from this creditor(their customer) is threatened. Good Luck.
Answered on Aug 10th, 2015 at 4:12 PM