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Medical collection question

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dizzier
Established Contributor

Re: Medical collection question



@Anonymous wrote:
One thing I'm curious about is whether or not that bill SHOULD have been covered by insurance. If so, then even 4 years later they should still pay it. I had a similar situation a few years ago. My son was bitten by a neighbor's dog and this resulted in a hospital visit. There were different bills for ER, Physician, etc. 3 years later I see a collection on my CR for one of those bills (got no letters ever). I called the insurance company and told them about it and they paid it right away stating that it was their error. I then called the CA (a small company here in town, not one of the nasty big ones thank goodness) and told them what was up. The insurance company sent them proof of payment and the report was gone... If it was a coverable expense then I think by law the IC is legally obligated to correct their error and cover it. Just a thought. Good luck!





this only applies if it was an error on the HI's part. If it was not their error, and the hospital just didn't submit the bill in time the HI can deny payment because it was not billed in a timely fashion (timely fashion is defined by the contract held between the hospital and the HI).

depending on state laws this money is still payable to the hospital even if it is their fault that they weren't paid. ultimately it is our responsibility to make sure that all of your medical bills are paid. If HI has not paid that bill in a timely fashion we must pay it and then try to get reimbursed through our HI.

Most people are not aware of this requirement and thus end up screwed.
____________________
FICOs: (as of 12-10-08): EX 759 | (as of 01-24-10): EQ 794 TU 756 EX ? | (as of 3-17-11): EQ 794 TU 790 EX ?

Until Chase lowers my ridiculously high APR they can kiss my patootie! Their card has been retired to the sockdrawer. Smiley Mad
Message 11 of 14
dizzier
Established Contributor

Re: Medical collection question

Statute of Limitations (SOL) is a legal term. in this case the SOL determines the length of time you are legally liable to pay a debt. that means that at anytime within the SOL an OC or CA can file suit against you for payment of an outstanding debt. as long as the suit if filed before the SOL runs out then their suit is legally viable. If they file suit after the SOL has past then their suit is not legally viable (there are some exceptions to this but generally this is how it works).

your states SOL can vary, but many are around the 4 year mark. you will have to check to see what your state's SOLs for your debt.

this only means that after the SOL their legal claims to payment of a debt cannot be enforced through the courts. this has nothing to do with the 7 year drop off for CRs but can be a valuable tool for negotiating a settlement.

like i said read through the credit 101 and the FAQ thread for more detailed info and letters and etc. also do a search to find out how others have used SOL to their advantage in negotiations.
____________________
FICOs: (as of 12-10-08): EX 759 | (as of 01-24-10): EQ 794 TU 756 EX ? | (as of 3-17-11): EQ 794 TU 790 EX ?

Until Chase lowers my ridiculously high APR they can kiss my patootie! Their card has been retired to the sockdrawer. Smiley Mad
Message 12 of 14
Anonymous
Not applicable

Re: Medical collection question



durhc97 wrote:
I thought SOL only referred to when something gets wiped clean.  Like if I had a parking ticket that was never reported to any CA's but after a certain period of time(SOL) it just disappears.  Like in the case of this Hospital collection from 2003 after 7 years it should come off my CR if I don't do anything about it.  Wouldn't that be the SOL where I'm no longer liable and it just comes off my report?  All new to me so I'm just trying to find out everything I can including mastering all this new terminology.


Hi,
 
You're confusing (a) the statute of limitations, which may give you a defense to a lawsuit which is filed too late and (b) the period of time after which negative info can't be reported on your credit reports.  Two entirely different concepts.  Check out this thread:
 
Message 13 of 14
Anonymous
Not applicable

Re: Medical collection question



dizzier wrote:


this only applies if it was an error on the HI's part. If it was not their error, and the hospital just didn't submit the bill in time the HI can deny payment because it was not billed in a timely fashion (timely fashion is defined by the contract held between the hospital and the HI).

depending on state laws this money is still payable to the hospital even if it is their fault that they weren't paid. ultimately it is our responsibility to make sure that all of your medical bills are paid. If HI has not paid that bill in a timely fashion we must pay it and then try to get reimbursed through our HI.

Most people are not aware of this requirement and thus end up screwed.

Interesting...I did not know that.  In my case, it was supposed to be paid by insurance, and the hospital portion was submitted and paid.
Message 14 of 14
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