Legal Question in Credit and Debt Law in New York

Medical Bills

2 years ago my husband underwent testing at a doctors office - at the time he was not working so we checked with both the insurance company and the doctors office - it was determined that the cost of the testing would be $1170.84 - We were told that we would have to pay half and that we would need to give them a certified check for half of that amount - which we did at the first visit - the insurance company only paid #303.56 - we never were told that they did not receive the full amount that the insurance company said they would pay - so now we can not dispute it with the insurance company because they waited over 2 years to tell us that the insurance did not pay - and we are just now receiving the first bill from them after 2 years with no contact what so ever - Is there a statuate of limitations a doctor can bill for past medical bills? - we thought that this was all paid for since no one ever contacted us for over 2 years.


Asked on 11/08/06, 6:40 pm

1 Answer from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

Re: Medical Bills

You may have rights that protect you from the MD's attempt to collect the balance. First, you should check if you signed anything in the doctor's office that binds you to pay if insurance does not cover the bill. You may have signed a statement to that effect when you first visited the doctor. If not, you are NOT responsible for the balance. Second, write to the doctor and the insurance company that you only agreed to the test on the condition the insurance company would pay the portion you did not pay...and the doctor agreed that your responsibility would be half (which you paid). I believe there may be some statutes that prevent the doctor from looking to you for payment if the insurance company does not cover his bill in full...You should also write to the insurance company advising them of the situation (notice after 2 years, etc.) and they may give you the answer that you want to hear...that the MD cannot come after you. If nothing works, try to make a settlement with the doctor and if that fails do nothing until you are contacted by a lawyer and try to settle then. A court may be sympathetic to your plight so don't be afraid of going to court! The worst that can happen is you end up paying the bill a long way down the road.

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Answered on 11/09/06, 11:36 am


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