Legal Question in Administrative Law in California

statue of limitation on billing

I was transported to a treatment center on 8/24/2002 and Aetna paid part of the bill 12/2002. Now 2/2/2004 they are billing me for the cost not covered by the isnurance. Is there a statue of limitations on billing a person for pastbill. Its for 154.00 and I thought I had paid it but don't have any records that far back.


Asked on 2/03/04, 10:07 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: statue of limitation on billing

I'm at home and away from my reference books, but I believe the applicable statute of limitations is four years, assuming this is comes under the rules for a written contract, which it probably is since you usually have to sign something somewhere along the line.

It is certainly not uncommon for HMOs, hospitals, care givers, etc. to launch collection efforts for tag ends of large bills not covered by insurance long after the fact.

The most effective tactic may be to engage in a lengthy dispute with them. Every time they send a bill, statement, demand or whatever, write back immediately saying, "Fine, I got your letter, but show me what this charge is based upon, give me a copy of the contract underlying this charge, show me why the insurance didn't cover X and Y, and so on. You might be able to wear them down. Never say you won't pay, or that you don't owe; just keep asking for more and better documentation. At some point, the letters to you may just stop, because it isn't worth their while to prove and document everything.

Read more
Answered on 2/03/04, 10:42 pm


Related Questions & Answers

More Administrative Law questions and answers in California