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  1. #1
    Join Date
    Nov 2016
    Posts
    8

    Default Billed for Medical Debt That Isn't Mine

    My question involves collection proceedings in the State of: Texas

    I will try to make this as short as possible. I brought my niece to a hospital for a medical emergency. I made it very clear at the time that I was not a parent or legal guardian and was not responsible for her medical bills. The child was, and still is, covered by CHIP insurance. I did not have her exact insurance information, but I gave the hospital all the information they needed to use their database to look the information up. I told them on multiple occasions, I was not the financially responsible party.

    The billing representative for the hospital brought a consent for treatment form which she told me I was required to sign before they could treat the child. At no time did she indicate that signing the form would make me financially responsible, only that my signature was required in order for the child to be treated for a medical emergency. I did sign the form, but I did note my relationship with the child, a relationship that was clearly one where I was not financially responsible for the child's medical bills.

    I recently received a detailed bill from the hospital. I called the billing department to rectify the problem. Initially, I couldn't recall off the top of my head the street number for the patients address so the hospital refused to speak with me, however, they said I could pay the bill if I wanted to. I was not asking for any patient information. There was no risk of a HIPAA violation. I called back with the correct information. They have the insurance information and all the information for the person that is legally responsible for the child's medical bills, but they refuse to remove it from my name or even resubmit the bill to CHIP.

    The only options they are giving me are to call the insurance myself, which I have tried to do, but since I am not the child's parent or legal guardian, of course they won't give me any information or assistance of any kind, or I can have another person call them and take responsibility for the bill. getting the person that is legally responsible for the bill to call them is not a possibility at this time and no sane person is going to just accept responsibility for a bill that is not theirs. At this point, I don't know what else to do. I'm not a legal novice, but this is something I don't even know where to begin with.

    The bill is still with the hospital and not in collections, but I can't just sit back and wait for this to escalate. I worked very hard for many years to rebuild my credit after a nasty divorce. I have 2 children of my own in college so the ability to take out loans with a good interest rate is paramount for me at this point. A collection account would be devastating for me and for my children.

    The billing department at the hospital admitted they made a mistake and that I should have never been listed as the guarantor for the bill, yet they refuse to rectify the situation. I am a single mother with 2 children in college, I do not have the time, money or patients to deal with this. I need to know if I have any legal avenues that I can pursue to fix this situation, a situation that I did not cause, a situation that the hospital has admitted was THEIR fault. Any assistance or guidance will be greatly appreciated.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Medical Debt That Isn't Mine

    The only think that I can think of that you could do is sue them to remove your name from the billing records. However, since it appears that you did sign a form accepting financial responsibility, you may find that difficult to win.

    I do not understand why they are refusing to bill the child's insurance?

  3. #3
    Join Date
    Dec 2008
    Posts
    629

    Default Re: Medical Debt That Isn't Mine

    Quote Quoting shamrock19
    View Post

    The billing department at the hospital admitted they made a mistake and that I should have never been listed as the guarantor for the bill, yet they refuse to rectify the situation. I am a single mother with 2 children in college, I do not have the time, money or patients to deal with this. I need to know if I have any legal avenues that I can pursue to fix this situation, a situation that I did not cause, a situation that the hospital has admitted was THEIR fault. Any assistance or guidance will be greatly appreciated.
    How have you contacted the hospital, in person, email, phone? If you have not dealt with them in person, I would suggest that method as your next step. If the person you speak to gives you the same responses as above, then I would try to talk to a supervisor and if that fails just keep working your way up the hospital chain of command.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Billed for Medical Debt That Isn't Mine

    Quote Quoting shamrock19
    View Post

    The billing representative for the hospital brought a consent for treatment form which she told me I was required to sign before they could treat the child. At no time did she indicate that signing the form would make me financially responsible, only that my signature was required in order for the child to be treated for a medical emergency. I did sign the form, but I did note my relationship with the child, a relationship that was clearly one where I was not financially responsible for the child's medical bills.
    You could have written "kangaroo" where it said relationship to patient and your signature still made you financially responsible.

    Quote Quoting shamrock19
    View Post

    At this point, I don't know what else to do.
    How about getting the child's parents involved?

    They could certainly send the bill to their insurance and get it paid.

    Quote Quoting shamrock19
    View Post

    The bill is still with the hospital and not in collections, but I can't just sit back and wait for this to escalate.
    That's right. You can't.

    Quote Quoting shamrock19
    View Post

    The billing department at the hospital admitted they made a mistake and that I should have never been listed as the guarantor for the bill, yet they refuse to rectify the situation.
    That should tell you how meaningless their "admission" is.

    Quote Quoting shamrock19
    View Post

    I do not have the time, money or patients to deal with this. I need to know if I have any legal avenues that I can pursue to fix this situation, a situation that I did not cause, a situation that the hospital has admitted was THEIR fault. Any assistance or guidance will be greatly appreciated.
    Why didn't you get the parents involved as soon as you got the bill?

    Huh?

  5. #5
    Join Date
    Nov 2016
    Posts
    8

    Default Re: Billed for Medical Debt That Isn't Mine

    Sorry it took so long to check back, I'll try to address all the questions to clarify. First, I didn't sign the financial responsibility form. There were several forms that they asked for me to sign, including one that specifically addressed financial responsibility. The ONLY form I signed was "consent for treatment". Previously, another family member, who is also not financially responsible for the child, also had to bring the child in for emergency treatment, she made the mistake of signing all the forms and they tried to stick her with $15,000 worth of unpaid medical bills for the child. Knowing this, and being generally suspicious, the only form I signed was consent for treatment, which I was told was REQUIRED for treatment, and I noted on that form my relationship to the child and that I was not financially responsible for the child's medical bills.

    As far as getting the child's parents involved, no need to get snarky. There are no parents involved in the child's life. If it were that easy, I wouldn't be asking strangers for help. Technically, her mother has legal custody, but a grandparent (my sister) has actual physical possession. The parents have no interest in taking responsibility for the bills and will not even return calls to discuss the matter.

    The child is covered by CHIP. The reason the hospital is giving me for refusing to submit the bill to CHIP is that I am not the legal guardian of the child, yet they still sent me detailed patient information for a person I am not the legal guardian of. What I need to know is under what grounds would I file a lawsuit to have my name removed as the financially responsible party to this bill? Thank you.

  6. #6
    Join Date
    Sep 2005
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    98,846

    Default Re: Billed for Medical Debt That Isn't Mine

    If they say that you're not responsible for the bill, what more is it that you want to accomplish?

    You can spend thousands of dollars trying to get your name removed from the account, but is that what you want to do with your money?

    If they make a false report to a credit reporting agency, claiming that this debt is yours even though they admit it is not, you have the potential to bring a lawsuit under the Fair Credit Reporting Act (FCRA).

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Billed for Medical Debt That Isn't Mine

    Quote Quoting Mr. Knowitall
    View Post
    If they say that you're not responsible for the bill, what more is it that you want to accomplish?

    You can spend thousands of dollars trying to get your name removed from the account, but is that what you want to do with your money?

    If they make a false report to a credit reporting agency, claiming that this debt is yours even though they admit it is not, you have the potential to bring a lawsuit under the Fair Credit Reporting Act (FCRA).
    I think that the problem is that the hospital IS trying to hold her responsible.

  8. #8
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Billed for Medical Debt That Isn't Mine

    Going back to the original post:
    Quote Quoting shamrock19
    View Post
    The bill is still with the hospital and not in collections... The billing department at the hospital admitted they made a mistake and that I should have never been listed as the guarantor for the bill, yet they refuse to rectify the situation.
    So if "rectification" means removing her name from a bill that they admit that she does not owe, then a legal action involves a lot of effort without a lot of payoff.

  9. #9
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Billed for Medical Debt That Isn't Mine

    shamrock19, what was the outcome of the $15,000 the hospital tried to stick another relative ? I'm curious.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Billed for Medical Debt That Isn't Mine

    niece to a hospital for a medical emergency. I made it very clear at the time that I was not a parent or legal guardian and was not responsible for her medical bills.
    then what gave you the right to consent to treat?

    did you provide the responsible party's name and address?

    has the party listed as guardian on the CHIP program contacted the hospital to provide any necessary information so the hospital can complete the submission for reimbursement from the CHIP program?




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