Unpaid EMS Bill and Collection Agency Fees
My question involves collection proceedings in the State of: South Carolina
In March 2010, my sister called 911 when she found me unresponsive due to severe dehydration. The EMS crew showed up and transported me to the hospital. At some point, they got me to sign a document. One part of the document starts “Consent for Treatment, Assignment of Benefits, and notice of privacy practices: I acknowledge and consent to evaluation, treatment and transport …”
The last sentence of that paragraph says “Furthermore, I understand that any fees or expenses incurred, current, future, or retroactive, in an effort to obtain payment, whether through a collection agency (40%), attorney fees, or court fees, will be added to my balance or any account for which I am responsible.”
They transported me to the hospital and then departed. A couple of weeks later, I got my first bill from the hospital, which I paid.
Fast forward to May 2011, I got a call from a collection’s agency about a delinquent EMS bill for $823.20. The EMS team had a) written my name down wrong, b) put down the wrong city and zip code and c) didn’t get a phone number. Because so much time had passed and because the EMS company is actually a contractor, I could not file a claim with my health insurance. After a bit of back and forth, the EMS company adjusted the bill ($163) so that they had deducted what the insurance company would have paid. My questions are about the 40% late fee.
a) Is it legal for me to be responsible for the fee when I never received a bill and so I was therefore never given a chance to pay on time? I have asked the EMS company, who say that it is out of their hands now that it had gone to the agency. I have asked the agency and they have said talk to the EMS company.
b) Are they allowed to charge 40%?
c) Would that signature really count as informed consent?
Any information or help you can give me would be really appreciated. I want to file a small claims suit disputing that fee, but won't do it if it will only make the situation worse.
Thanks for any help you can provide.
Re: Unpaid EMS Bill and Collection Agency Fees
If you take the matter to court you have the right to dispute the contractual late fee based upon your medical condition at the time, and to try to argue that your consent to the fee was not knowing due to your physical and mental condition at the time. If the matter does not go to court, it's all a matter of negotiation.