Legal Question in Insurance Law in Louisiana

medical bill not billed within one year

I have a anesthesia biller harrassing me because I haven't paid a bill that was for a surgery over a year ago. They didn't bill me or my insurance company until recently and now it's too late for my insurance to pay. Since it would have been pd by my ins. at 100% if filed on time, do I have to pay?


Asked on 7/24/07, 2:17 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: medical bill not billed within one year

Insurance shouold pay..and should not have ability to put time limts..but it is a difficult question, if the amount is worth it..see a lawyer

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Answered on 7/24/07, 2:34 pm
Hardy Parkerson Retired Attorney; now Law Professor

Re: medical bill not billed within one year

Dear LawGuru Friend,

Based on the limited facts you present, my guess is that if you would get your insurance policy and read it--even if it is a group policy---that the insurance company would not be able to escape payment, asuming that the policy does not say that a claim must be made within one year of the date of incurring the bill. An insurance policy, even if it is a group policy, is a written contract, and the terms of the policy itself become the law of insurance insofar as the claim made under the policy is concerned. Stand your ground! Insist that the creditor send the bill to your insurance company's claims office. Also, contact your own insurance company to find out their position. Also, read your policy, even if it is a group policy, for that is the law about this matter. Finally, if all else fails, then you can wait and see if the medical care provider sues you for payment; and, even then, you can contest the lawsuit and/or settle for a percentage of the amount claimed. There is more to it all than this, but based on the facts you have presented in your question, this is something to consider. Good luck! Feel free to call me to discuss this. No charge for just talking!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

[email protected]

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Answered on 7/24/07, 11:27 pm


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