Legal Question in Credit and Debt Law in Colorado
How long does a hospital have to bill me?
About 1 1/2 years ago, I had gone to a hospital emergency room. The cost of the trip was about $450. I gave my insurance information during the visit. After the visit I received several letters from the hospital stating that my insurance company had been billed. The letters stated the amount of the bill, and stated that the portion owed by me was $0. Several months after the visit, my company changed insurance carriers. More than a year after my initial visit to the emergency room, I received a bill from the hospital stating that I owed the $450. Presumably, they had been unable to bill the old insurance provider.
My question is, how long does this hospital have to bill me. It seems just a little unfair for them to mention, over a year after the visit that I owed them money -- making it very difficult for me to go back to an insurance provider that I had not been using for more than 6 months to ask for the bill to be payed (I have not yet talked to the previous insurance provider).
Thank you for any info.
1 Answer from Attorneys
Re: How long does a hospital have to bill me?
Generally, the statute of limitations on contracts is three years. Therefore, the hospital must enforce the claim within three years, or the applicable statute of limitations time. Here they can probably bill you.
You need to talk to your old insurance company and resolve this matter. The old insurance company insured you at the time of the injury and therefore they are responsible to pay it. Request all the documentation from the hospital and your insurance company. Make sure the billing is correct, for example for you and determine why they sent statements saying you owed nothing.
This may be a difficult matter to litigate because against the insurance company you may have to bring an ERISA claim for the amount of the benefit. The ERISA statute of limitations may be shorter than the regular contract time period. Therefore, you should resolve this matter as quickly as possible and consult with a lawyer with skill in this area.
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