Medical debt question

[Kayo]

I know that someone here has had this happen to them before and I hope that they can share what happened and how to handle this.  My SO just got notified, by his older son via e-mail, that SO is being sued for a medical bill that is over a year old.  That bill is for medical services on his minor daughter, he is the NCP but has joint legal custody.  He has no clue what those services are, why they didn't get paid by insurance and why HE is being sued since he never signed any forms accepting responsibility for payment.

Turns out there was a court hearing in Dec and a judgement was entered against my SO for the $2000+ dollars.  He called the attorney's office and told them he knows nothing about this bill but they said they served papers to his last known address (he hasn't lived at marital home for 3 1/2 years), they have proof that his minor daughter signed for notification so they say it is all legal and he has to pay since it was his insurance used.  The divorce is still not settled after 3 1/2 years and 3 attorney's on her part and obviously she is not communicating about medical conditions with the minor child and about any insurance claim issues or debt issues, she just let it slide to a judgement againt HIM.  She is the custodial parent so she MUST have signed for all the services done, using his insurance which he is required to carry over the minor child.

He is only required in temp orders to cover minor child on insurance, there is no decision on uninsured costs, that is to be decided if/when the divorce EVER gets settled.

How can they hold him responsible when he never signed a thing?
Does the fact that his insurance company was used make HIM responsible for charges ANYONE incurs?
Can he get this judgement vacated and have HER held responsible?

HELP!

[Genie]

first off he needs to call the doctor's office and get a copy of the bill and then call his insurance company and get a copy of the Explanation of Benefits. While he is on the phone with the insurance company, he needs to tell them that all Explanation of Benefits need to come directly to him since he is the policy holder and make sure they have his address etc right.  This way he will know of all claims filed and then know about bills outstanding.

Then he needs to make sure the bill was covered correctly.  If the bill is $2000 I am thinking this must've been a very major procedure unless insurance didn't cover it for some reason.  He may be able to get that sorted out and covered by the insurance.

As for who pays what, it is something he needs to give to his attorney to be added to the court proceedings. It may end up that they have to split but I don't know if anything can be done about the judgement. Only his attorney can answer that one.

[Peanutsdad]

The short legal answer?

HE/She who signs consent for treatment,, is legally liable for the bill.

BTDT.

[MixedBag]

Eeeewwww, for the most part I agree with PD.

But there's no divorce (yet).

I think he should start digging and get a copy of the consent form.

I'd also suggest contacting his attorney (does he have one?)

There's no divorce yet....so the rules of who's responsible might be a bit different than AFTER a divorce.

At the very least, maybe he can take this as a "liability" in the divorce process and get her to take on an equal amount of debt to her side when their overall debts are split????  Just thinking....

[DK]

At the hospital I work for we will bill first who signed. If the bill is not paid we will bill the other parent.  We will go after either parent for final payment.  In the end both parents are reponsible for their child.  If the hospital gets to the point of going to court for payment we will go after the parent we find to have the means to pay regardless of who signed.  And win.  

I would take the advise of the others before paying first.  Get the EOB from insurance.  Ask for the bill to be audited for correct charges from the doctor or hospital.  (keep in mind charges will be taken off if service was not done, but also charges will be added if missed the first time)  Appeal the claim with your insuance.  You will need to contact your insuance to find out what their appeal process is.  Usually just rebilling with medical records and perhaps a letter from you.  

In the mean time I would save your money to make payment, just in case.  Try to put down a good size down payment and ask for payment arrangements on the balance if it comes down to it.  

Good Luck  

[MixedBag]

You said:

" If the hospital gets to the point of going to court for payment we will go after the parent we find to have the means to pay regardless of who signed. And win. "

I'd just like to say that this happened to DH after the divorce and the hospital DID NOT WIN.

Right now there is no divorce.....and I think that makes a big difference.

Heck, my Son-in-law just learned that HE became responsible for a hospital bill that happened when he was a minor (17) because he got transported by ambulance to the emergency room and his mother never showed up to authorize treatment or nothing.  (Dad died years ago, Mom well....not always with it but getting better).

[DK]

I am glad to here your DH did win!

Just because I work at this hospital doesn't mean I agree with all our collection tactics.  I did want to let everyone know what the hospitals will do to collect.  AND give ideas of what to do to save money and stay out of court.