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  1. #1
    Join Date
    Apr 2011
    Posts
    4

    Default Hospital Debt

    My question involves collection proceedings in the State of: Arkansas.
    My wife has a lot of Hospital bills and they are threatening to collect from me . Am I responsible for her debts ? I have signed nothing other than a permission to treat d ocument . She has made payment arrangements and is current on her agreement . I've heard that the patient , uif over 18 is solely responsible for their own Medical bills in Arkansas . Anyone have an answer ?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Hospital Debt

    from what I can see, at the moment, you would be liable under what is called the "doctrine of necessaries". That means a spouse is liable for a debt of a spouse if it was incurred for what is considered a basis necessity/ Medical bills fall under that catagory.

    Now, what is happening in your state legislature as we speak is HB 2047 which is an attempt to abolish the doctrine of necessaries.

    Status
    View latest bill text (Draft #3) [PDF]
    March 30 2011 - Senate Returned by the Committee, with the recommendation that it Do Pass

    Summary
    To Abolish The Common-law Doctrine Of Necessaries.



    Roll Calls
    2011-03-21 - Read the third time and passed and ordered transmitted to the Senate. (Y: 91 N: 0 NV: 8) [PASS]

    History
    2011-03-30 - Senate Returned by the Committee, with the recommendation that it Do Pass
    2011-03-21 - Senate Read first time, rules suspended, read second time, referred to Senate Committee on Judiciary
    2011-03-21 - Senate Received from the House.
    2011-03-21 - House Read the third time and passed and ordered transmitted to the Senate.
    2011-03-17 - House Returned by the Committee Do Pass
    2011-03-07 - House Read the first time, rules suspended, read the second time and referred to the Committee on JUDICIARY COMMITTEE- HOUSE
    2011-03-07 - House Filed
    http://www.arkleg.state.ar.us/assemb...lls/HB2047.pdf

    so, until that passes, a spouse does incur liability simply by being married. I do not know how it will impact debts incurred prior to its passing (if it does pass).

  3. #3
    Join Date
    Apr 2011
    Posts
    4

    Default Re: Hospital Debt

    Thanks ! If I read the House Bill correctly , the Doctrine of Necessaries has been abolished as of March 30 , 2011 . Am I right ?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Hospital Debt

    No, you wouldn't be right. A state law does not become law until the governor signs it. From what I see, it it was returned from committee to the full Senate and has not been voted on yet by the Senate. Then, if there are no changes and the Senate votes to pass, it must go to the governor to be signed into law.

  5. #5
    Join Date
    Apr 2011
    Posts
    4

    Default Re: Hospital Debt

    Once again , thanks JK ! I just don't understand why they are threatening to sue me for $1500.00 when , by the payment arrangement , we have already paid 2 $100.00 payments ! Therefore the bill is now only $1300.00 ! We are current on this , I suppose that's just how they do things here ! A good friend of mine is a Judge here , think I'll ask his opinion . Later !

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Hospital Debt

    personally, I understand your point. If there is an agreed upon payment plan, why are they suing?

    and with this relatively small amount of debt, again, it just doesn't make a lot of sense.

    This does sound very odd. I would suggest contacting the debtor and speaking with them. Unless this debt is nearing the statute of limitations, they have no reason to act so hastily that I can see. If this goes to court, I suspect a judge wouldn't be too thrilled to see such an action considering the agreed upon payment arrangements are being kept. That wouldn't stop him from entering a judgment but personally, I see this as bordering on harassing activity, which is specifically addressed in the FDCPA (if you are dealing with an actual collection agency and not simply the hospital)

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