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Originally Posted by old_cold
18 months after an emergancy room visit I received a demand from a collection agency.
I did have and provide insurance coverage at the time and in the intervening time have not ever been sent a bill for this charge.
I've obviously assumed it was paid all this time.
I responded, asking for any paperwork involving this claim and for evidence that it was submitted to my insurance company
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I'm not sure that rises to the level of validation as required by law, so I can't determine if you're protected by the laws.
Quote:
Originally Posted by old_cold
What I got back was simply a printout showing the charges and date of service.
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In that case, if they construed it as debt validation, then you're protected.
A print out showing the charges is insufficient. They have failed to comply with the law and cannot make any further collection attempts.
Quote:
Originally Posted by old_cold
No entry for 'insurance billed' and/or 'denied'
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Not relevant.
Quote:
Originally Posted by old_cold
I'm pretty sure most companies do not pay on claims submitted this late and I don't even have that coverage any longer.
Am I stuck with paying this out of pocket just because the hospital billing procedures stink?
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No.
This is a common problem and I worked for years trying to get the Ohio legislature to pass a law to protect Ohio consumers from getting their credit ratings ruined because of mistakes made by "health insurance" companies and/or the hospitals and doctors and 3rd Party billing agencies, but the insurance lobbies and hospital cartels are just too powerful.
You said the "printout" shows charges and dates, if it shows procedure, that's a HIPPA violation you can burn the collection agency on. You'll have to check to see what you're state laws say. HIPPA is federal but states like Florida have awesome state HIPPA laws that allow you to collect statutory damages from the collection agency.
Make sure your written correspondence to the hospital and insurance company, as well as the collection agency are sent certified mail so that you have proof (that's the only acceptable proof in court).
Don't contact the collection agency by phone. If they make any further contact with you, they have violated the FDCPA which allows you statutory damages. You can contact the "health insurance" company and the hospital by phone, as long as you also send letters certified mail to document the action you've taken.
You should also be able to go on-line for two things, one to make sure the collection agency is licensed to do business in your state if your state requires it, and to look for your state's web-site to file a complaint against the "health insurance" company for failure to pay.