Legal Question in Business Law in California

I received a bill for service that is over a year old. The service was on 03-06-2009. They billed medicare and posted payment received on 05-21-2009. Statement date on my first bill received is 04-27-2010. I know medicare and Blue Cross Blue Shield will not pay a bill that is over a year old. I in the past have receive a copy of a bill from Blue Cross and medicare stating it's over a year old and they will not pay and that I'm not responsible. I sent them a copy of their bill stating it's over a year old and I would not pay. They sent it back to me wanting their payment. [email protected].

Thank you


Asked on 5/20/10, 6:13 pm

2 Answers from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

You have essentially three options, keep ignoring them, offer to compromise the bill at some lesser amount or pay it. If they have already billed medicare and Blue Cross, and this is the uncovered portion, you should probably try and work out something with them. If, on the otherhand, they or you could have collected from insurance and now can't because they waited so long to bill you, you can object/contest on that ground. Keep in mind that it it is not resolved they will likely, at some point, turn the matter over to a collection agency.

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Answered on 5/25/10, 11:24 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If your issue is that the billing is stale and should have been presented earlier, you can be right in principle but still lose in court, because the statute of limitations won't have expired in your favor. If you issue is that the billing is incorrect, you need to object in writing at the earliest opportunity, because failure to object may, in time, become an admission that the billing is correct.

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Answered on 5/25/10, 12:24 pm


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