Need some help remembering....

[MixedBag]

Some time ago, I remember a thread or something -- maybe an article -- about how a financial institution (in this case a hospital) can't come after the NCP if the CP is the one who took them to the hospital.

Something about the fact that the NCP didn't sign on the dotted line and authorize any care, and that at the end of the day, the person who took the child to the hospital is the one ultimately responsible to the hospital for the bill.

Maybe it was in a discussion about having stuff removed from your credit report -- where a hospital puts a bad mark on the NCPs credit report that was created by the CP.

KittyC....remember this?

[DK]

I work at a hospital and this is our procedure.  The parent that signed is responsible and for the most part that is the parent gone after for financial responsibility.  However, at the end of the day both parents are responsibile for the child and if one parent will not pay the facility will go after the other parent for payment if our facility finds the other parent to have sufficient funds or more funds than the parent that signed.  Normally this goes all the way to court for a judge to decide which parent pays.  

With that being said.  If you did not sign.  Don't pay.  Your credit won't get ruined because you did not sign.  The parent that signed will get bad credit.   If the facility takes the case all the way to the lawyers level then you may want to give in at that point and pay.  Depends on your situation.  

FYI.  Do not ever sign a concent for your spouse.  (at least in Florida)  If you sign you are just as responsible.  God forbid something happen to your spouse.  If you do not sign you won't have to pay a dime.  If a person cannot sign his or her own consent treatment will still be given.  

[MixedBag]

After a search, I couldn't find the letter or article I thought I remembered...

But I did find another thread with a similar subject that confirmed what you're saying and what I remembered.

[Peanutsdad]

If I'm not mistaken, it was back in the prior board before the change. So, admin, correct me if I'm wrong, but those older threads are gone.

[Kitty C.]

Yup, happened to me.  DS had a T&A and his dad din't help out with the OOP expenses.   I told the hospital that he was legally responsible, but they said they didn't care, 'I' was the one who signed for care and 'I' was the one they eventually came after.  For ALL of it.  I don't think other hospitals run any differently, as I think it is a legal issue as to who signs for treatment.

[LizaLou1]

 Fair Debt Collections Practices Act (FDCPA)


This is the act you want to look into. Because the NCP has no contractual obligation (didn't request treatment/didn't sign forms)  to the Dr.    Search the Federal Trade Commissions tips for consumer site.

This act is  like the credit card act that lets you dispute a charge on your card.  They can't report to any credit bureau until the matter is investigated and resolved.   Read the act carefully to make sure you say all the right words in your dispute.

DH provides insurance and is responsible for ½.    But that does not make him directly responsible to the doctor for debts the ex incurred.  Below is a sample of what we used in the past.  Sure hate to put the Dr. in the middle but what else can you do.  Of course, we could have refused to pay any of it directly, but that didn't seem fair to the Dr and  we wanted to clear our obligation to the children right away.  The Dr. never complained and he stopped billing us directly.

Dear Dr.

Pursuant to the Divorce Decree, EX wife and I are to each pay one-half of medical expenses after insurance and administrative adjustments. Accordingly, enclosed is a check for $____ to cover one-half of the medical costs for my child.  I have provided EX wife  a copy of your invoice along with this letter.  Should you need to contact her for the remaining balance exwife's address is ________.

Please take note that while I am responsible for insurance or and required to have open access to information regarding the medical care of my children, I am not responsible for debts or obligations incurred by Ex wife.  The payment contained herein is not to be construed as an acceptance of binding obligation between you and I.   This is not a refusal to pay, but a notice that your claim is disputed.  Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the contractual obligation, which you suggest is binding on me to pay this debt. You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit.  

I sincerely regret the necessity of handling your billing in this matter and apologize for the inconvenience.  A copy of the divorce decree will be provided upon request. Should you need to contact me please do not hesitate to do so.
end

[MixedBag]

Thanks!