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If I don't get a bill after 2 years and insurance won't cover because of the lapsed time am I responsible?

My wife went to a hospital when she was pregnant for tests 3 years ago. One of the test was done by a sonogram facility in the hospital and I did not know that they were seperate from the hospital. The hospital got apid no problem and I didn't fill out any paperwork for the sonogram place. The sonogram place never billed me for over two years and I wasn't expecting a bill because i didn't know they were seperate. Now two years later, collectionagency wants me to pay the bill. Hospital says it will try later and apologizes for not sending me a bill or having my correct address on file. Another year collection agency wants payment and it is too late for insurance to pay. If I had known they were seperate or got a timely invoice I could have had insurance cover it, what do I do?

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Attorney answers (1)

Reputation Level 20
I am licensed in Florida and Vermont and therefore can not give you specific advice concerning New York law. However, as a general rule, you should dispute the bill with the collection agency in writing. Explain the fact that you were never billed timely for the service and, therefore, due to their delay in rendering a bill, made it imposable for your insurance to pay it. Should you be sued for the bill, you may have a defense known as "estoppel by laches", which means that the sonogram facility did not get paid because of its own conduct, misrepresentation or silence on the issue of the bill. Good luck with your situation.

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