Responsibility for Spouse's Medical Bills

[mookytc]

My question involves collection proceedings in the State of: New York

Hi all,

My wife has metastasized cancer. The insurance is under her own name (I have my own). The bills are piling up faster than the hospital can throw her into a MRI machine.

I plan on making an attempt to pay all bills received from her treatment. Two part question here:

- Will making small payments keep the wolves away (can't lose our house)? In other words $20 here $60 there...

- What I am legally liable for?

Thanks in advance,

Dave

[Betty3]

Are you saying these are bills the ins. co. would not cover/pay for?

[mookytc]

Are you saying these are bills the ins. co. would not cover/pay for?

Yes sorry...insurance is covering quite a bit however we are sent a bill for the rest.

DC

[Betty3]

The full amount is owed/due that insurance would not pay. Your wife (or you) can contact the hosp. & see if they will accept a payment plan.

[mookytc]

So then in New York state, if my wife passes to a better place they can come after me for the full amount? Garnish my wages, force me to lose our house, etc.. I would like to know the specific law.

DC

[Mr. Knowitall]

I understand New York to apply the "doctrine of necessities" to hold one spouse responsible for the other spouse's necessary medical care when she cannot pay for her care from her own separate resources and the extension of care was predicated upon the other spouse's credit; but even if that's the case you can attempt to defend against or reduce the claim based upon hardship or inability to pay.

A cause of action for medical necessaries, however, is only viable if the primary debtor... is unable to satisfy the debt out of his own resources. (See Gilberg v Lennon, 212 A.D.2d 662, 622 N.Y.S.2d 962 [1st Dept 1995]; Medical Bus Assocs v Steiner, 183 A.D.2d 86, 588 N.Y.S.2d 890 [2d Dept 1992].) In addition, the doctrine of necessaries requires a showing that the necessaries were furnished based on the credit of the spouse and a showing that the amounts alleged to be owed are commensurate with the spouse's means. (See Our Lady of Lourdes Memorial Hospital, Inc. v Frey, 152 A.D.2d 73, 548 N.Y.S.2d 109 [3rd Dept 1989].)

[mookytc]

I understand New York to apply the "doctrine of necessities" to hold one spouse responsible for the other spouse's necessary medical care when she cannot pay for her care from her own separate resources and the extension of care was predicated upon the other spouse's credit; but even if that's the case you can attempt to defend against or reduce the claim based upon hardship or inability to pay.

Thank you MKIA....if push comes to shove financial and legal expertise will be a must. Thanks for clarifying.

So many things going on right now...

Thanks again,

DC

[dansoc]

My spouse racked up some medical bills that were not covered by insurance. Generally speaking, our providers have been cooperative and understanding. They send us bills every month and as long as they get something, they just send another bill the next month.

Others want you to sign a set payment arrangement and they generally want it settled more quickly. Be aware that once you sign a set arrangement like that, their legal position is significantly strengthened.

I guess I would ask why insurance isn't covering certain things. If it is due to a deductible or out of pocket max, fine. You just need to try to be sure you are getting a rate similar to what the insurance company has contracted. This can be as much as 50% of rack rates or more. You should be able to tell by looking at your Explanation of Benefits. If I weren't getting a discount, I would ask.

Personally, upon getting a bill, if the service is being billed at the discounted insurance rate, I would simply send a check for what I could. They will either call and ask you to sign on the dotted line commiting to a monthly amount, or they will be happy they got a check and generate another bill the following month.