3 yrs ago ( Nov . 14 , 2009 ) I had emergency surgery on my hip due to a fall . It took 4 days before the surgery was done & in all that time no one informed me that the DR was NOT in the network . My primary ins . paid $ 15 , 293 & after a letter of appeal they sent an additional $ 14 , 703 . I then rec'd a bill with a balance due of $ 81 , 558 ( after some adjustments ) . My secondary ins . wouldn't pay anything & after 2 years & the help of the Attorney General's office they finally sent $ 29 , 698 in Dec 2012 . The DR rec'd $ 59 , 695 total leaving $ 51 , 561 balance . I sent a letter of hardship in Dec . & asked them to accept $ 59 , 695 as full payment . I also called & they said they'd call me after speaking to the DR . No calls or bills yet . How long should I wait for a bill & what can I do if they bill me that amount ?
Chapter 7 Bankruptcy Attorney
There are some issues that the law deals with and other issues that the law doesn't address. Although every state has a statute of limitations which defines how much time must elapse before a creditor is precluded from suing on a debt, I am not aware of any law requiring a creditor to bill within a certain amount of time. How has the delay harmed you would be the argument you would have to make to the court to utilize this as a defense to paying the debt. Hope this perspective helps!
Debt Collection Attorney
If you did not agree on an amount to pay the surgeon then you may not have complete liability for the balance if the court were to deem it excessive based upon the customary and reasonable charges. The statute of limitations will expire six years after the last payment was received, which is a long time away. If you are sued, I would recommend bringing Third Party actions against your insurance carriers, but if you are unable to settle for less than the full balance due, you will likely need to defend the action in court.
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