Medical bills, who is responsible

[jennyn]

My husband is thinking about filing chap 7 and he has some medical bills that are what is left over after insurance paid. At the time, the insurance was thru my job and I had family coverage. Most of the bills are in his name, but we both just got served with papers from one place that has both our names on it. Am I still responsible if I didn't sign as the responsible party - just because the insurance was thru my employer?

[jennyn]

Please if anyone has thoughts on this I would appreciate them. I've called a few lawyers that want me come in for a consulation and the $50 fee will be put toward their overall fee. i just want this one question answered before we go any further.

[AngelinaCat]

Yes, any left over medical billing is your responsibility, and yes, you can discharge it.

My 'Hub (AngelinaCatHub), had a radical prostate-ectomy in 2004. The residual of that was included when we filed Ch7 on Dec. 28, 2007. We both also had had accidents in 2007. With me it was a fall in the bathroom and hall where I ended up with a broken arm and fractured knee. He had an accident with a skil-saw that bucked back and he cut his abdomen.

At the time of our filing, the insurances and medical charges had not run their normal course (we were on COBRA thanks to the elimination of my FT job September 2007), so the attorney included all of our medical providers, but since we did not have a finished total of pricing, put in a 'placeholder' of $1.00 for each item.

We were eventually able to discharge almost everything, except the follow-up that I had to do in 2008.

I hope that helps, and good luck to you.

[jennyn]

So if I am not filing, all his medica debt will become mine even if only his name is on the bills coming to the house because I was the primary insurance provider? If that's the case I don't think it would be worth it.

[AngelinaCat]

I had the insurance through my FT job for the prostate surgery. It was also under my name when I had the fall in the bathroom, and then when he had the skil-saw it was through COBRA. So it was still under my coverage. I guess I am not understanding your question. We filed BK jointly, and intended to do so once no other solution presented itself.

But my understanding is and was then, that whomever holds the insurance through the employer, is the responsible party. You have or had at the time a policy that covered you and your spouse, so you are responsible. In the situation I described above, my husband was covered under my insurance policy, because I had it through my employer. the COBRA coverage came in after I was terminated, but was still primarily MY policy.

[free2breathe]

Cat, I think the OP is saying that the medical bills were all due to her husband's condition, but the medical insurance was through her employer. So, if her husband files a sole chapter 7 and leaves her out of it, will she still be liable for HIS medical bills, since the insurance was hers. She would have had to be listed on the doctor's paperwork as the primary insured. Therefore, her SSN# is probably associated with the billing as the responsible party.


ETA: I think you figured her question out. Did you edit? Or did I just not read far enough ;)

[AngelinaCat]

ETA: I think you figured her question out. Did you edit? Or did I just not read far enough ;)

No, I haven't edited, and I am still lost. There will be the SSN numbers, true, but there is the Group Number and all of that, which is associated with the OP's employer, and the OP as the primary insured all throughout the husband's paperwork.

Since 'Hub and I filed jointly, I do not have an example of what to expect for a person filing Ch7 only, and how the medical issues were handled.

My original intention was to assure the OP that, yes, older medical bills left over, AFTER the insurance parts are done, can be discharged.

[free2breathe]

jennyn, just to clarify, are you talking about filing a joint Chapter 7 with your husband, or him filing solo?

[free2breathe]

My original intention was to assure the OP that, yes, older medical bills left over, AFTER the insurance parts are done, can be discharged.

Right, if they are filing a joint Chapter 7, that won't be an issue. I assumed from the first post that she is wondering if she is not included in the petition, would she, herself, still be responsible for the portions that her insurance didn't cover on her husband's medical bills.

[AngelinaCat]

I am thinking that they may try to go after her, since she would not be a party to her husband's bk. Something along the lines of a co-signer to an automobile loan. Party A files bk and has his responsibility for the loan discharged, but Party B, does NOT file bk and ends up with a judgment.

Even though 'Hub and I filed jointly, the medical provider for my broken arm and knee tried to go after us after we were discharged anyway. They even tried to get their claim prioritized above that of the IRS. We were an Asset case.

This is a situation that was 'muddied' because even though the accident and major part of my care happened BEFORE we filed, I had a couple of follow-ups AFTER we filed. Any co-pays for these two visits, I paid, and the insurance paid the rest.

[AngelinaCat]

If this does happen in Jennyn's case, she and/or her DH can always send a C and D letter with a copy of the Discharge Order to the medical provider(s) reminding them that these services were for DH only, and happened prior to him filing BK.

[free2breathe]

I am thinking that they may try to go after her, since she would not be a party to her husband's bk. Something along the lines of a co-signer to an automobile loan. Party A files bk and has his responsibility for the loan discharged, but Party B, does NOT file bk and ends up with a judgment.

Exactly what I was thinking. Though hubby was the one who received the medical care, wife's insurance was the primary, therefore she ends up being the responsible party.

All I can say, Cat, is thank God I didn't have to go through what you and Hub went through. Sometimes being at the bottom of the food chain isn't so bad

[IamOld]

I think what may be at play here is that when husband of OP went to dr, on SOME dr office forms the person through whom the ins is provided is the "guarantor," and you are responsible if ins doesn't pay, etc etc etc. Would OP be able to get a new patient form from the dr? Sometimes they have this on their website - if she as the insurance holder is the guarantor, then perhaps they can sue her as well - it may very well be worth the $50 to a lawyer to find out for sure!!!!!!!!!

[jennyn]

Thanks everyone, sorry I didn't jump in sooner to clarify, didn't have access to my computer. Just as follow-up - I had to file in 2008 alone. His credit was fine, then he was laid off and I added him to my insurance. Then of course, he ended up having surgery and other issues that weren't covered by the insurance or was remaining so he is considering filing alone now. I was thinking that I would end up being responsible since I was the primary, we will go see an attorney to find out for sure. Thanks again.

[IamOld]

Thanks everyone, sorry I didn't jump in sooner to clarify, didn't have access to my computer. Just as follow-up - I had to file in 2008 alone. His credit was fine, then he was laid off and I added him to my insurance. Then of course, he ended up having surgery and other issues that weren't covered by the insurance or was remaining so he is considering filing alone now. I was thinking that I would end up being responsible since I was the primary, we will go see an attorney to find out for sure. Thanks again.

Best wishes, and if you don't mind, please let us know what your atty says about this.