I need some Help Here!

[FLTraumaRN]

OK here it is a nut shell! I Broke my neck on Christmas day 2004. with this being said. I was mis-diagnosed with a neck strain and I knew I would be sore. The symptoms persisted, so I got a MRI and found I had no Spinal Cord Signal at C-6 and C-7, So I had Emergent Surgery for this. I found out later that My car insurance Paid their portion of the Bills but My medical insurance paid nothing. I work for a church hospital that is self insured. I have exhausted every avenue to try and get them to pay, but they have refused. Now I have 90,000.oo n medical bills outstanding along with 3 credit cards with roughly 4,000.00 charged up on them. I want to file bankruptcy to wipe them off. How and which type of bankruptcy should I file.


Thanks Bill

[lrprn]

Oh my, Bill - you are in a real pickle. How did your medical insurance justify paying nothing? Was the medical care in question provided by your employer? Is this a work-related injury? Have you been able to work at all since the injury?

[FLTraumaRN]

Well I work for the Hospital fore mentioned and no It was not work related. but Basically the deal was. They refused to pay, I fought it, I lost because they are self insured and with that being said it is also a church hospital so considered Not FOR Profit Yet right. I though about getting a lawyer but have been threatened that I sue I will lose my job as a nurse here and seeing the own a monopoly on the hospitals here in florida I would be hard pressed to get a job anywhere. So what do I do?

[poorme]

I'd get a good lawyer and call a TV station investigative reporter. Nothing like some focused public attention on a case like this to get things turned around.

[jal1129]

To know which type of bankruptcy you should file we would need a little more info. What state are you in, what is your gross income, family size, do you have a spouse, does your spouse work? Do you have any assets, like a house/car? If so how much equity do you have?

[alh]

Also, since this would not be "primarily consumer debt" you would not be subject to the means test.

[lrprn]

Well I work for the Hospital fore mentioned and no It was not work related. but Basically the deal was. They refused to pay, I fought it, I lost because they are self insured and with that being said it is also a church hospital so considered Not FOR Profit Yet right.

I still don't understand your hospital's grounds to not pay. If you've been paying insurance premiums and the policy states payment will be made when you've been injured, why did they deny payment? Also did your hospital provide the medical services or not? We need more details.

I though about getting a lawyer but have been threatened that I sue I will lose my job as a nurse here and seeing the own a monopoly on the hospitals here in florida I would be hard pressed to get a job anywhere. So what do I do?

Consider filing a complaint about the hospital's refusal to honor its insurance with the Florida Department of Financial Services - http://www.fldfs.com/ - and also check with the Florida Office of Insurance Regulation - http://www.floir.com/ . They may be able to help you sort out what options you have.

This religious organization doesn't own all the hospitals in Florida. Please help me understand why you can't take your RN services to another nearby hospital not connected with this organization.

Also you are here on a bankruptcy site, so are you considering filing bankruptcy because of the medical bills that the hospital refuses to pay?

[CindyLou]

What was the STATED reason they refused to pay? I'm also a nurse at a Religiously affiliated hospital that is self insured.....and I haven't heard of anything like this. Also, you can't get fired for suing them. More than likey, though you are not able to sue. You would probably have to go to arbitration....if you give us more information maybe we can help you.

[FLTraumaRN]

Nut Shell

I work for a church affiliated hosp. They actually have a monopoly on the hospitals in the central florida are corporate 7 hospitals in orlando and 11 others that are sister hospitals. Any way I was involved in a accident on Xmas day 2004 taken to the hospital to which I worked and was treated and released with a neck strain. I filed the appropriate papers and my car insurance paid as primary. I kept having symptoms and had an MRI where the study showed I actually broke my neck (no cord signal) at c-6 c-7. I was referred to a neuro-surgeon that sent me emergently to a corprate Hosp. to have emergent surgery. SO I got in touch with my medical insurance and told them and was approved Immediately for the surgery.. 2 weeks after surgery they asked me to have a subrogation letter filled out by my attny i hired for the law suit. I explained to him that No fault was found in the accident due to inclimate weather. Not only that the person who hit me was killed in the accident. so there was no law suit. all was well and good. I got no bills from anyone. Hosp,drs,xray, you name it no bills. one yr from that date I was in process of buying my house when I ran my credit and found all these debts placed on my credit report. I called my insurance company went through appeals and so forth. and they still refuse to pay. now some 90,000.00 later. I have tried everyone I know Insurance commisioner, labor board, and so forth. they all say they don't govern what a church affiliated hospital that is self insured. So I have thought about the attny and law suit, the news and so forth. But I have to work and I have been with them for 14+ yrs. and I have been told in No uncertain terms that I willo loose my job if I attempt to do any of the for mentioned. So I have no choice but to file bankruptcy to wipe them off.

[tofargone]

tough spot.

I would probably talk to an attorney just to see if you have a case, you never know you may have enough of a case that working is not something you will have to do for a while if you win.

Out of principle I would probably see what my legal options are, but I am not you and I don't have to live with your decision so you have to do what you feel is right.

Good luck

[spell]

You still haven't given the exact reason they provided for them denying the claim. I understand how you feel it's becuase they're a monopoly and self insured and such. But they still need to give you a reason. That's where the state insurance commission comes in. They're the ones who hold your employer to the contract you have with them to provide insurance. If they don't, the commission will yank their ability to self insure.

Just another question: did you consider making this claim to your auto insurance instead?

Now, if you go through bankruptcy, you have one significant asset: your potential lawsuit against your employer. It's worth about $90k. The assigned Trustee has the right to take this asset from you. So, there's a chance that they will force your hand and make you sue your employer to recoup the funds to repay your debts (not to miss the large % for themselves). I'd talk to several lawyers to see what the prevailing opinion your local Trustees have on cases like this.

Also, with an understanding of the demand for RNs in Florida, I think you're blowing this monopoly out of proportion. I think you're just afraid of your employer. If that's the case, this medical bill is hardly the top reason you need to get a new job.

[lrprn]

I have been told in No uncertain terms that I willo loose my job if I attempt to do any of the for mentioned. So I have no choice but to file bankruptcy to wipe them off.

Very tough spot you are in for sure.

Frankly I'm concerned given the fact that your hospital is denying you a legitimate insurance payment, how is your hospital is going to react when you file bankruptcy to wipe out the debt their refusal caused? (it's ironic that a not-for-profit religious hospital would be willing to screw over a 14-year loyal and deserving employee just to save the money - that's sad). Even though it's against the law to terminate you solely because you filed bankruptcy, any organization can make up a good non-bankruptcy reason for letting you go and make it stick. I'm not saying this is going to happen to you - just that it's a possibility. Have you considered what you'll do if that situation comes to pass?