Medical Bills Debt - The Bills.com Blog

I filed for chapter 7 in 2005 due to unpaid credit card bills. It was granted and i thought things were finally moviong foward in my life. However, i lost my job soon after and was diagnosed with a dialated cardiomyopathy in September of 2005. I have had numerous doctor's appointments, emergency room visits and tests performed since. The medical bills i have accumulated are too great for my small monthly income. What are my options and what should i do?

My husband was diagnosed with lung cancer in June. He passed away Oct.15th. He was told that he could possible live longer with Chemo and Radiation treatments. He opted to "stick around as long as possible." All his medical bills are in his name. I signed no papers. Am I, as his beneficiary, liable for those bills? Please help. I am 67 yrs. old, and work part time, making $8.65 per hr. He had no insurance. Can I lose my home? I can't sleep at night and cry all day. What can I do?

Please consult a qualified attorney to know the recourses available to you. As a general rule, survivors of a deceased person are not responsible for that person's debts. There are exceptions to that rule: - If someone co-signs a promissory note along with the deceased person, then he/she will be liable even if the co-signature was an accommodation only and did not benefit the co-signer financially. - If someone guarantees the payment of the debt then on the death of the primary obligor, if his estate has insufficient assets to pay the debt, the creditor can demand that the guarantor pay the debt. Also, if the deceased person's estate distributes estate property to its beneficiaries before all debts of the deceased person have been paid, the creditor can recover all or part of the debt out of the property distributed to the beneficiary. The creditor cannot get at the beneficiary's other property, only the property received from the estate can be reached by creditors.

i am currently repaying my medical debt through a monthly payment plan but, i did have medical insurance through blue cross who said they had dropped my coverage on the day i had surgery but, when i talked to a customer service represenative they said i wasnt covered at all. no one at the hospital informed me i wasnt covered and they usually check that you are covered before they perform any medical procedure. I believe i have been sued for a bill that my insurance company didnt want to pay what should i do?

Usually, it is the responsibility of the patient to make sure that they have coverage for the medical procedure. I hope you have saved all the documents for the medical procedures. As medical coverages are specific to the insured party I cannot really comment on what your insurance company covered or did not cover. First, you should check on your credit report to see what items are showing as derogatory. You will also be able to get the contact details of the company that owns the debt now. You should try and get in touch with them to explain your situation. With respect to the bill that you are being sued on, if you can show that you had coverage during the time of the procedure and assuming that your plan covered your procedure, you can contest the claim. Even otherwise, you should try to work out a repayment plan. When creditors initiate legal procedures, they are mandated to inform you about it by mail. If you did not recieve any communication about the debt you are being sued upon, then you have strong case to get it dismissed.

My mother passed away in September, 2006. My question is how long am I liable for any medical bills that still may be received. According to her will, all of her debts should be paid. Is there a limitation on the amount of time that a bill can be received by me, her only survivor.

Being the legal heir, her debts are your reponsibility now. You are only liable for the debts that she owed at the time of passing. The rationale is that anyone staking claim to the assets of an estate, should also be willing to accept its liabilities. It is up to the creditor to follow up with you for collection of debt. The normal Statute of Limitations will apply (these vary from state to state).

Being sued for mmedical bills from 2001. Isn't there a statue of limitations in Pennsylvania. Don't even remember what these bills were for

All states have a body of statutes in their codes of law called, “Limitations of Actions,” commonly referred to as the statutes of limitations. The length of time a creditor has to sue you depends on your state of residence and the type of debt. For example, many states allow longer for creditors to file suit to collect on closed ended consumer loans than on credit card debts. Most states give credit card issuers 3 to 4 years to file suit after default, but some states allow as many as 10 years. Check out http://www.bcsalliance.com/y_debt_sol.html for more information.

I have arond 200.000 thousand in medical bills.Should i file bankruptcy the hospitals offers a payment plan that i cant afford.What should i do

If you cannot afford the payment plans that the hospitals are offering, then you may be right, filing for bankruptcy might be the only option to pursue.

Hello, i live in California. My husband past away in january. He had two insurances, but not both of them will cover for all of the hospital stay, surgery, etc...So is it my repsonsibility to pay for his medical bills?

In most states, probably yes. The debts incurred by either spouse during marriage are generally adjudged to be marital debts. The creditors can pursue either of you jointly or severally, and also make a claim against his estate. State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

My mother died recently and the money from her two burial policies was not enough to bury her. The only thing she owns is a house and we will not be selling it now because of the low real estate market. She has one bill that a doctor sent to a credit company and she was paying 25.00 a month. Are we responsible for that bill?

Whoever is the legal heir in charge of her estate, will also be responsible for her debts.

I recently had open-heart surgery and incurred $103,000 in medical bills. I am a musician and don't make enough to pay for my current bills. I make about $10,000 a year, and have diabetes and can't do my normal work as a welder. If I pay $10 a month towards that bill, will that keep the creditors off my back. I live in Texas. If not, what can I do. I filed bankruptcy about three years ago.

Given your limited income, I think bankruptcy would be the best option for you. You can read more about bankruptcy at http://www.bills.com/bankruptcy/. You will need to check to see if you can qualify for bankruptcy given that you filed one 3 years ago. I doubt that the creditors will accept the $10 payment given the large size of your debt. Collection laws vary from state to state, please visit http://www.bills.com/collection-laws/ to get an idea of the state rules.

I received a bill today for my daughter who was in a hosptial in Tennessee in 2005 where we lived at the time. I have never received any bills prior to the one today saying that I owe them money. We had insurance coverage at the time of the hosptialization and until today, thought that all the bills were paid through the insurance. The bill that I received had a very nasty note attached accusing me of ignoring this debt for so long, etc but I HAVE NEVER received a statement before today. It is not a letter from a collection agency that I can tell, just a statement from the facility. We now reside in Virginia (for 2 years). My question: what are the SOL's for such a debt when no contact has been made to collect since day one? How do I approach this when I make contact with the facility? Any help you can offer would greatly be appreciated. Ramona Drescher

You should order a copy of your credit reports from each of the three bureaus. If they have reported this debt as unpaid, the account will be listed on your report and will also state the date of the last payment. The statute of limitations in the state of Tennessee is 6 years from the date of the last payment, and therefore it is still valid for them to collect on. When you do start your contact with them, write a letter to them stating the circumstances and ask for the debt to be validated, you can find a sample debt validation letter here: http://www.oskie.com/free-letter/debt-validation-letter-collections-collection-company-agency.htm Once you have received an explanation, you could then initiate a direct phone conversation and then ask for a lower settlement or a payment plan.

Hi Bill, My boyfriend purchased a home in Pennsylvania in August 2006 from the grandson of a woman who died in May of that year. Since he moved in, every couple of months, he receives notices for unpaid bills for the grandmother's medical services (e.g., ambulance rides, home oxygen delivery), all less than $200. He has always returned the letters to their senders with a note stating that he is no relation to the billee and that the biller needs to contact the deceased woman's next of kin. Is this enough, or is there something else he needs to do to get the statements to stop? If a much larger bill shows up, is there any danger of a creditor trying to put a lien on his house? He has no contact with the woman's family, but the house was deeded in her name before he bought it. Thanks for any advice!

As long as your boyfriend has all the title documents for the home clearly in his name, there is no danger of the creditor putting a lien on his house. He is doing the right thing by reporting the creditors about his stand.

Hi I filed for bankruptcy a little over a year ago due to school induced credit card debt. I make 30/year and just got married. He is a full time student. Right before the wedding i had several trips to the ER and finally my gallbladder removed. I incurred over 40K in debt. I tried to make payments in the beginning, but when my husband lost his job I could barely afford the regular bills. the biggest bill is 27K for hospital stay. I know most already got sent to creditors. Will I be sued? If so, how much time before that step happens? :( Any help at all would be greatly appreciated.

You should check your credit report from each of the 3 credit bureaus (you can get one for free at www.annualcreditreport.com) for the statuts of these accounts. If they have been sent to collection agaencies, it will be mentioned on your report. Each collection agency has its own rules as far as when they will sue you, but you can expect the process to start if the debts pass beyond the 6 month mark. You should look into debt settlement programs such as the one offered by freedom debt relief, where they will negotiate these debts down to a fraction of what you owe bassed on the medical hardship. You can get a free consultation either by calling them diretctly at 1-800-544-7211 or by visiting www.freedomdebtrelief.com

My husband broke his neck this Nov. So Far hosital bills, doctor bills, etc are at 40,000. We can only make 10.00 payments to each,each month(100.00 to large ones)In Texas can they take our house which is homesteaded, our bank accounts,savings,investments??

Please visit: http://www.occc.state.tx.us/pages/consumer/education/DebtColl.htm

Hello, My husband was traveling & had to be rushed to the hospital in Alabama he passed away. I was not with him. I did make it there to be with him. I never signed for anything except for them to give him a flu shot. We live in Tn.I just recieved one bill for over $58.000 We did not have health insurance. Am i responsible for those medical bills? I have been laid off from work for almost a yr now. I don't know what to do. Thank you

When a person passes away, the decedent’s debts do not automatically pass to his spouse, children, or anyone else. Debts incurred by an individual are owed solely by that individual; if a person dies before his debt is paid off, then the creditor can attempt to collect the debt from the individual’s estate, meaning that the debt would be paid before any money or other assets are passed to his heirs. However, if the person dies without sufficient assets to pay off the debt, then the debt is uncollectible and the creditor will likely write it off its books.

my friends father past away and was homeless if she responsible for the medical bills?

I don't think you'd be liable, since your father's debts and assets will be dealt with in probate. Unless you personally guaranteed his debts and medical bills it shouldn't pass to you, but talk to a lawyer if you get pursued for his debt.

Husband passed away unexpectedly. We had no will,then again we have no real assests except a 10 yr old car in his name, rented our home and paying on his car, again soley in his name. Lots of medical bill for him and our daughter, our medical insurance was thru his work, I do not believe I ever signed any of the medical documents except for the emergency room for him but I did for my daughter. Again there is no estate, but I am beneficiary on the life insurance policy. Am i responsible for paying off the medical bills for him, or my daughters since they were under his insurance? I gave up my job 10 yrs ago to raise his 2 kids and then our 2 kids and I will need this money to provide for the kids until I can find work. These bills will take over half. Finding work in Michigan is a monumental task right now.

Debbie, if you were the designated beneficiary, then the proceeds will go directly to you. Read more at: http://wills.about.com/od/howtoavoidprobate/a/insurancebills.htm

The ex of my husband took their kids to the doctor and said he will pay for that, she never talked with my husband and neither the doctors did. she wouldn't even run the insurance. Now a debt collector is going to sue my husband, but it isn't his debt, and the collectors will not take the half that he has to pay by law, they just treat him like the primary debtor....what do we do about? the ex doesn't want to pay, and the debt collector aren't behind her!!

There is not enough information here for me to provide any guidance. If your husband's ex used your husbands insurance information, then he will be held liable for the medical bills.

My boyfriend and I have lived together in Florida since 2004. Last year we had a baby son. My son & I have health insurance through my job, my boyfriend has none. He has been diagnosed with cancer and is in the hospital ringing up a $350,000 medical bill. I have been in contact with the hospital administrator to see what can be done about negotiating the price down. She says I am responsible for the hospital bill since I am the wage earner in the house and he does not work, but stays at home with our child. Is this true? Can they make me pay his bills?

They cannot make you pay for your boyfriend's medical bills and that makes me mad that they would allege that. Please go to get a free consultation from a bankrupty attorney or a collections attorney and ask them if there is an FDCPA violation relating to this misstatement. Good luck Becky. Hang in there. Bill

Hello, My mother died in April of 2003 from leukemia. I received a bill this past March 2009 from an attorney stating that I owe the Hospice Unit of the Hospital over $3,400 dollars for use of the room she was in for three weeks. I did sign a guarantor note, but assumed there would be no problem since my mother owned a small home that should have covered the expense. Well, evidently there was some type of lien on my mothers property that held her estate up. Meanwhile, vandils broke into my mother's house and set the place on fire. I have no idea what happend to the estate after that and now I'm getting this bill. Am I responsible for paying this? It is clearly not my fault the estate took so long, and I still don't have any idea if anyone received money from the property. Shouldn't her outstanding medical bills been paid first if anything?

This is a nightmare scenario that touches on five subjects in the law, including contracts, remedies, property, wills and estates, and (potentially) professional responsibility. First, bring these facts to the executor and learn when payments were made to settle the estate, when the sale of her property took place, and where the proceeds of the sale went. You should have all of this information at your fingertips, and I think it's odd that you don't. The medical payments should have been made from the estate in a timely manner. Second, learn what the statute of limitations is in your state: http://www.bills.com/collection-laws/ If the statute of limitations has run on that debt, you or the estate may have a legal defense preventing collections on the debt. However, that's a question an attorney in your state should answer. Finally, if the facts you outlined in your note are substantially correct, the executor may have failed in his or her duties of competence to your mother's estate. Again, take your facts to an attorney, who can review all of the facts and put them in context of your state's law.

My girlfriends father passed away. There is three kids the oldest being 32. The 32 year old will be the administrator of estate until the will is located. We think its in a safe deposit box but we have no clue what bank it's with. My question is what happens to the medical bills that were accumulated while he was alive. It's close to 30,000.00. There is money to pay them but the kids don't feel that they should have to. Do you have any other advise for someone who has never been thru an event like this. Any info will be much appriciated. Thanks Oh and we live in W.V.

Justin, this can be an unsettling time for everyone in and near the family. It's good for you to offer emotional support to your girlfriend. Of course, the trick is not to involve yourself too much in her family's dynamics. No one has any legal standing regarding the estate until the will is located. Suggest to your girlfriend that she and her siblings talk to the attorney who wrote her father's will to learn if the father left any clues to the will's location. Most people don't use many banks, so once you find the safe deposit key, it should be easy to find the right bank. As for the $30,000 in medical bills, what I wrote above to another answer applies here as well: "When a person passes away, the decedent’s debts do not automatically pass to his spouse, children, or anyone else. Debts incurred by an individual are owed solely by that individual; if a person dies before his debt is paid off, then the creditor can attempt to collect the debt from the individual’s estate, meaning that the debt would be paid before any money or other assets are passed to his heirs. However, if the person dies without sufficient assets to pay off the debt, then the debt is uncollectible and the creditor will likely write it off its books."

My father passed away 2 weeks ago. My mother carried his medical insurance through her work. All of his medical bills come to her because she is primary on the insurance since she is the one employed. His estate has nothing and he had no life insurance. They do not own a home and the car they do own is in her name only. Is she responsible for the debt just because her name is on the bill, even though he was the patient or can she not pay these bills because he has passed and has nothing in his estate for the creditors to come after?

It really depends on if she is a co-guarantor on any of the bills, or if they live in a community property state. You can look here to learn about state by state collections laws (including community property): http://www.bills.com/collection-laws/ You should really consult an attorney, however, and get specific advice for your state and situation. Good luck and our condolences on your family's loss. Bills.com

my daughter is 23 years old and is currently under my health insurance because she is a full time student but is living in an off campus apartment. If she was to become ill and had to be hospitalized and the insurance did not cover all of the medical bills would we be responsible for any outstanding bills because she is on my insurance? Thank you in advance for your time

The hospital admissions form usually contains language establishing who is the responsible party, or guarantor, if the insurance company fails to pay. Even though an adult child is covered by a parent's insurance, I can't see how a child checking themselves into a hospital can obligate his or her parents to pay for their uninsured medical fees.

My ex-wife has a debt, which she incurred AFTER we were divorced, and she was remarried. However, the bill is a medical bill for our son. The medical bill in question was NOT for a medically necessary treatment; basically, a nurses aid, a glorified baby sitter, provided services for my son. Again, I approved of no services, I asked for no services, nor did I agree to any services. Further, this is a service my insurance did not cover due to not being medically necessary. Now, I have received letters, threatening to sue me for this money (over $14K). I believe I am not responsible. What legal options do I have?

It would be helpful to know 1) if your son is an adult, and 2) how the medical costs for your son are handled in your divorce agreement. The fact that you are footing the bill for your son's medical insurance does not give him or his mother carte blanche to order whatever medical procedure they wish and have dear old dad pay for it. I suggest you revisit your divorce agreement and review the section on medical expenses to see how your attorney's planned to handle this issue. If this was not spelled out, I suggest you reacquaint yourself with your divorce attorney and ask him or her what your obligations are under your state's laws. One last thought: Do not believe legal advice from collection agents. Their statements regarding a debtor's rights are usually wrong or incomplete, and are always self-serving.

If the guarantor passes away is the patient (wife)responsible for her medical bills that are still open.

A guarantor is another party who agrees to pay if the patient doesn't. Generally speaking, adult patients are responsible for paying for medical services rendered. Absent some agreement to the contrary, the death of a guarantor does not remove a patient's liability to pay their medical bills.

My father passed away on Sept 21, 2009 from cancer. His medical care left bills unpaid of 150,000 estimate. My mother received a life insurance policy of 210k and the deed of their house had both of them as joint tenants. He left no will, except he named my mother as beneficiary in his life insurance and 401k. My mother signed authorizing treatments for my father that were necessary when he was too ill and conscious to make medical decisions. All of the bills are written to his name. Can the health insurance company sue his estate (which I assume is the house whose deed is still under my mothers and my fathers name)to get paid? what if my mother updates the deed to reflect only herself as the owner? In CA, once a joint tenant dies, the survivor gets the property. can the insurance companies still sue to get their money?

My condolences on your loss. My first and probably last thought regarding your question is a recommendation that your mother bring the admission forms and other related documents she signed when your father was in the hospital, the deed to the house, and the medical bills to an attorney. If the house was titled as a joint tenancy, 100% of the ownership of the property became your mother's the instant your father died. The property is not an asset in his estate -- it is your mother's property only. The hospital and other medical service providers have a claim against your father's estate, which must be handled in a process called probate. You mentioned your father died without a will. In lawyer-speak, this is known as dieing intestate. An administrator will be appointed to oversee the disposition of your father's estate, including handling any claims against his estate by medical service providers and anyone else who thinks your father owed them money. Be advised his estate is liable for these debts, and not your mother, you, or your siblings. However, if your mother signed an admission form or other document that made her a guarantor of your father's medical services, she may have liability. Again, see an attorney.

My sister-in-law attempted suicide. She is going on her 10th day in a coma and incurring considerable medical debt. She has no assests and no job, medical coverage, nothing. Her parents are in debt and are unemployed. Will the medical debt be transferred to my husband (her brother) and I?

If your sister-in-law is a minor then by public policy her parents are responsible for her medical care costs. Assuming she is an adult, if a sibling or parent checked her into the hospital and signed an admission form that included guarantor language, then that person is liable for the costs incurred. In general, medical debts are no different from any other unsecured debt, such as credit card debt. Feudal debt bondage that ensnares an entire family because of one blood relative's misfortune may still occur today, but it is not legal in the United States.