Legal Question in Insurance Law in New York

Who should get information first?

I have medical insurance (HMO), daughter diabled has medicaid also, When in hopsital provided all information about all insurances. Received bill from anesthesiologist not covered under my insurance. I have not paid a bill for my daughter since born, now 13 years. I am now have judgement against me for $1000.00 plus dollars lean on my home. My question is,Since all insurance info was provided when admitted into the hospital, lawyer said it was up to me to inform denial of bill and submit to medicaid. Shouldn't anesthesiologist have submitted bill to medicaid when payment was allowed? Do I have any right to fight decision and get lean off my home. Never went to court. Mike


Asked on 8/20/04, 6:58 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Who should get information first?

Anesthesiologists frequently are not on the hospital staff and are notorious for this.

However, they have the right to be paid. If you were informed of lack of coverage under HMO, you should have submitted the bill to medicaid and explained denial of coverage.

Call the collection agency and explain you are submitting to medicaid, and do it if you don't want to go to court, because a lien can be enforced. You should have provided them with the info when they asked. You can fight it but it will cost more then the bill.

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Answered on 8/23/04, 9:46 am


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