Legal Question in Health Care Law in Oklahoma

My 2 1/2 year old son has many, many health issues. Last December (2008) he had blood drawn at a local lab. They never filed our insurance. Recently they started sending us bills for the full amount ($393.90). I have tried to contact them by phone to no avail. I was successful in contacting them by email after the first two bills were received and they said they would file our insurance. However, since they waited 9 months after the date of service to attempt to file, our insurance denied the claim (time limit is 6 months). Now they have sent us a notice that the full balance is our responsibility and is due within 15 days or they will turn us to collections. I still cannot contact them by phone and they are also not responding to my emails. If they would have filed, our co-pay would have been between $25-$35. Are we responsible for the full amount and how should we deal with them?


Asked on 10/08/09, 8:27 pm

1 Answer from Attorneys

Mitty Means Mohanty Means, P.C.

My answer is as follows:

Write a letter to the laboratory with a copy to the doctor who sent you there and a copy to the insurance company. Send the lab your copay with the letter.

Tell the lab that you will not pay until the lab and the insurance company settle the matter.

Before you do all this, look at the document you signed at the lab to see if you are supposed to file or the lab is supposed to file. If the lab is suposed to file, then the lab had the obligation to do so. All you owe is the co-pay. If you had the obligation, then send the letter anyways and see what each party says.

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Answered on 10/14/09, 3:15 pm


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