Legal Question in Credit and Debt Law in California

I'm being billed for old Medical Bills

I am being billed for the first time ever for Medical bills for dates of service Jan. 1999-Aug.-2000. I have never received any bills prior to this, although my Insurance Company was billed. I had previously asked the Dr. to please accept only the amout the Ins. Comp. was willing to pay and he was agreeable to this. So, I assumed that was the case and the reason I never was billed. Come to find out the billing company apparently wasn't doing there job. Now they have contracted a new billing company to try to collect old accounts receivable. Isn't there a time limit on how long they have to send a bill?


Asked on 2/14/02, 7:14 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: I'm being billed for old Medical Bills

Thanks for your posting, and your situation is very common -- thousands of people report going through billing disputes between the insurance company, the doctor, and the patient.

If you made this previous agreement with the doctor for him or her to just accept the insurance co-payment, then you should have that in writing, and should present it to the insurance company. If you do not have it in writing, get the doctor to write a letter on your behalf to clear this up.

To answer your question regarding how long to send out a bill, most companies send out bills promptly to get paid promptly. However, from the law's point of view, the statute of limitations for failure to pay on an account stated or pursuant to a written agreement is three (3) years from the date of non-payment.

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Answered on 2/14/02, 7:40 pm
Larry Rothman Larry Rothman & Associates

Re: I'm being billed for old Medical Bills

If there is a written agreement, there is a 4 year stautue of limitations in the event of a breach. The statute of limitation is 2 years on an oral contract. I would be happy to review any collection letters and documents you have without charge and provide you with options if you fax same to me to 714 363 0229.

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Answered on 2/14/02, 7:44 pm


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