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  1. #1
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    May 2014
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    Default In Collections for a Medical Debt, Reimbursed by Insurance to the Father

    My question involves collection proceedings in the State of: new jersey

    I have a child in a non dissolution case in nj. The child was listed on her fathers health insurance since birth through his job. I was unemployed at the time. I took her to the ER in 2007. I paid the copay at that time and submitted a card for her insurance that her father had given me. A few months later I was collected on by the hospital. I explained that the child was covered by the fathers insurance and they should contact him for payment. They did. He told them he was not responsible. I called aetna, the insurer, and asked what was going on. They said they sent the check for full payment to the father. When I asked him about it he said oh yeah, he got that check and cashed it. I told him it was in the childs name and he said his name was on it also. After numerous fights with the hospital and aetna about this, I now have a collections on my credit report. Can anyone advise me on how to proceed at this point? Thank you

  2. #2
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    Default Re: Childs Father Cashed Insurance Check and Mother Held Responsible for Payment

    What does your court order say about insurance?

  3. #3
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    Default Re: In Collections for a Medical Debt, Reimbursed by Insurance to the Father

    And further, what does the custody order say about how medical bills are to be paid and split?

  4. #4
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    Nov 2013
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    Default Re: In Collections for a Medical Debt, Reimbursed by Insurance to the Father

    None of the details matter here. He got the reimbursement check and failed to apply it to the medical bills. He allegedly stole the money from the medical provider.

    You should get copies of the check from the bank and/or Aetna if you can. Once you have them, contact the credit reporting companies and file a dispute. Also send them to the collection agency that reported the collection to the reporting companies. It's going to take a while but it doesn't cost you anything at this point to try.

  5. #5
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    May 2014
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    Default Re: In Collections for a Medical Debt, Reimbursed by Insurance to the Father

    Our court order/custody order only says father is responsible for health insurance and he got a credit in his support for that. We did not have any split on medical bills specifically.

  6. #6
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    Default Re: In Collections for a Medical Debt, Reimbursed by Insurance to the Father

    Quote Quoting budwad
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    None of the details matter here. He got the reimbursement check and failed to apply it to the medical bills. He allegedly stole the money from the medical provider.

    You should get copies of the check from the bank and/or Aetna if you can. Once you have them, contact the credit reporting companies and file a dispute. Also send them to the collection agency that reported the collection to the reporting companies. It's going to take a while but it doesn't cost you anything at this point to try.
    Believe it or not, YES the details can matter. That's usually why we ask 'em.

    OP, when did you receive notice that a) the check was cashed and b) it was listed on your credit report?

  7. #7
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    Default Re: In Collections for a Medical Debt, Reimbursed by Insurance to the Father

    Quote Quoting budwad
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    He allegedly stole the money from the medical provider.
    No, this would not be an act of theft from the medical provider.
    Quote Quoting budwad
    Once you have them, contact the credit reporting companies and file a dispute.
    There is no basis to dispute the entry on the credit report, as the bill was not paid. The issuance of a check for reimbursement does not change that fact.
    Quote Quoting greycat800
    View Post
    Our court order/custody order only says father is responsible for health insurance and he got a credit in his support for that. We did not have any split on medical bills specifically.
    You can have your divorce lawyer review the custody order and advise you, but if the only requirement in the order is that dad provide insurance then he's technically in compliance with the order. You may want to consider revising the order, as apparently dad can't be trusted to apply out-of-network reimbursements to the provider's medical bills. Absent a family court remedy, your easiest remedy may be to pay the bill yourself then seek reimbursement from the father through small claims court.

  8. #8
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    Nov 2013
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    Default Re: In Collections for a Medical Debt, Reimbursed by Insurance to the Father

    Quote Quoting Dogmatique
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    Believe it or not, YES the details can matter. That's usually why we ask 'em.

    OP, when did you receive notice that a) the check was cashed and b) it was listed on your credit report?
    Yes, the details can matter if OP wants enforce a support order in court. But for the issue of the collection appearing on her credit report and getting it removed, I don't think it mattesr much at all.

    Quote Quoting Mr. Knowitall
    View Post
    No, this would not be an act of theft from the medical provider.

    There is no basis to dispute the entry on the credit report, as the bill was not paid. The issuance of a check for reimbursement does not change that fact.

    You can have your divorce lawyer review the custody order and advise you, but if the only requirement in the order is that dad provide insurance then he's technically in compliance with the order. You may want to consider revising the order, as apparently dad can't be trusted to apply out-of-network reimbursements to the provider's medical bills. Absent a family court remedy, your easiest remedy may be to pay the bill yourself then seek reimbursement from the father through small claims court.
    No, this would not be an act of theft from the medical provider.
    I might not be able to make a criminal case for theft but diverting a reimbursement that was meant for the provider (without the provider being paid) is still a theft.

    There is no basis to dispute the entry on the credit report, as the bill was not paid. The issuance of a check for reimbursement does not change that fact.
    I disagree. The insurance was in the husband's name and the collection should have been put on his credit report. OP can file a dispute and have the collection removed from her credit report. If she pays now, the collection still remains on the report. Her concern was her credit report and not paying off the provider.

  9. #9
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    Default Re: In Collections for a Medical Debt, Reimbursed by Insurance to the Father

    Quote Quoting budwad
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    I disagree. The insurance was in the husband's name and the collection should have been put on his credit report.

    Disagree all you like, it doesn't change the fact that MrKIA is right.

    Example: I go to the doctor's office for a pre-op visit. I'm on my husband's insurance so I hand over the card. They take a copy, hand it back, and along with the HIPAA notice, the informed consent document and (unless there's one already on file) a sheet of paper confirming that if there's a hiccup I'm responsible for the bill.


    Clearer?

  10. #10
    Join Date
    Nov 2013
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    Default Re: In Collections for a Medical Debt, Reimbursed by Insurance to the Father

    Quote Quoting Dogmatique
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    Disagree all you like, it doesn't change the fact that MrKIA is right.
    Clearer?
    Crystal. But I would still file a dispute on my credit report.

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