Anyone have any information on who is to be put in the guarantor spot???

[taboalien]

This is in regards to health insurance. Brief background info:  Hubby is required to carry the insurance on the boys which he does.  If X wife utilizes out of network docs then she is 100 % liable for the entire bill.

We received a bill for one of the boys about a week ago which is over $400.  X used an out of network doc.  I faxed a copy of the decree with the relevant portions circled- one being that X is the primary physical custodian of the children & the part where if she uses out of network she is 100% liable.

I received a letter from the docs office yesterday stating that they could not get in the middle of this & it needed to be worked out between the parents.  OK, fine, BUT we didn't take the kid to the doc, much less know anything about it until these bills started coming (our insurance company is slower than Xmas about sending EOB's).

So I call the docs office.  The office manager is very nice but she tells me that X wife put my hubby's name in the guarantor spot back in Feb after she was turned over to collections & she called in throwing a fit stating that we were responsible for the medical bills AND she told them that my hubby had dropped the insurance & didn't tell her for 2 mths (which is a lie- insurance hasn't changed in nearly 2 yrs now, we just sent her new cards) so they told her to come in and fill out new forms. So she did and this is when she put my hubby down as the guarantor, however she did sign HER name where the signature of the responsible party goes.

My question is this:  Is this legal for her to do??  The docs office wanted US to pay the bill then take it up with her.  As it stands right now if we don't pay it will go on OUR credit, not hers.

Any suggestions or answers will be GREATLY appreciated!!!!  I have looked everywhere I can think of to find the answer but keep hitting brick walls!!!

[patton]

I would send a certified letter to the doctor again explaining that the ex is supposed to pay any out of network expenses.  If you both have attorney's send CC to them also.

I would also let the doctor's office know that if this is put on your credit report for non-payment then legal action will be taken.

If it does get to your credit, then send them the same information and state that it is NOT your bill and hopefully they will remove it.

Probably by threatening the doctor's office they will not turn it in.

[Kitty C.]

Remind the doc's office that it is HER signature, not your DH's, that they have to authorize service, therefore SHE is the only one they can legally go after.  Take in the ins. cards to toss her claims and throw her credibility with that office right out the window.

Also remind them that she filled out that form illegally, in that your DH's name should never have been put on it in the first place, because he never gave his permission.  Tell them that the ONLY peron they can legally go after is the BM, since SHE is the only one who legally signed for the service.

When DS got his tonsils out, I included his dad's name on the paperwork, as he was liable for half of OOP medical.  He never paid me or them and I got served with a notice of non-payment.  When I went to the hospital to tell them that he was legally required to pay, they said they didn't care, 'I' was the one who 'signed' for services rendered, thus giving my legal permission for them to perform the surgery and to be liable for the bills accordingly.  Since I was the only one who had signed, they said they had no legal basis to go after DS's dad.  I ended up paying for it.

If the doc's office gets pissy with you, tell them your atty. will be in touch and walk out.  The LAST thing they want is to be involved in a legal matter, so hold your ground and don't give an inch.  It IS your legal right.

Methinks they're trying to go after you because the BM has a track record of non-payment.  But that's THEIR problem, not yours.

[taboalien]

Thanks everyone!!!  I did hold my ground and I had a message on Friday afternoon from the office manager stating that they would change the guarantor back to the X.  

And Kitty you are right!!!  SHe does have a history of nonpayment- this is a collection of bills from 8/2002.  And all but one of the bills is from using out of network docs.  The other is a bill for $5.00 since she is too ignorant to understand that the copay is $25 & not $20 like it used to be.

I also found out from another office manager though that the X can put the parent who is responsible for the insurance into the guarantor spot BUT the responsibility still falls onto the person who SIGNED for the services and especially in this case where I have court orders stating she is 100% liable for any costs incurred by utilizing out of network docs.

I am sure all hell is about to break loose so if ya live in South TX ya might wanna take cover!!!!

She can't pay her dang medical bills on her kids but she can afford a new Hummer, new furniture and go on a 10 day cruise with the kids all in the same 6 mths........... OH and she can't put braces on the youngest kid who needs them something fierce or he is going to loose his bottom four teeth- they are already very loose from the pressure of the overbite.

[Kitty C.]

Good!  I'm glad to hear it!  Now, what you need to watch for now is if she 'signs' DH's name to the medical paperwork.  If they come after you ever again (or any other OON doc), demand to see EXACTLY who signed for it, and the ORIGINAL, NOT the copy.  Your DH would need to do this in person.  Then all he needs to do is flash his driver's license, verifying his signature, then he can tel lthem that not only do they have a case SOLELY against the ex, but they have a fraud case as well!

I'll be watching to the south.......think I have a chance of seeing the fireworks from about 1000 miles away??  Certainly would love to be a fly on the wall when they tell her SHE has to pay it all!