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  1. #1
    Join Date
    Jan 2008
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    11

    Default Is Husband Liable For Wife's Medical Bills In Oregon

    Can a spouse be held liable for medical charges "1 month" post marriage for medical conditions developed 6 months 'pre' marriage?

    1. insurance paid medical exams (claims) with primary doctor prior to marriage.

    2. same insurance denied payment for 'specialist' referal exams (claims) to same condition 1 month after marriage.

    Who is "officially" liable for that unpaid claim. -- her alone, OR both of us can now be held equally liable.

    After having threats made to "me" over the phone, I asked them to send "me" the bill & I'd enter it into the budget for payment... They said they couldn't do that & just demanded payment... They said they'd file claim in court & I said unless they can send 'me' a bill, I can't help them... They said they'll file in court. I then said I think they should do just that if they can't send a bill with my name...

    Then I'm served papers with my name on it... No bill with my name on it... Just a lawsuit (now with my name on it.)

    What gives?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Is Husband Liable For Wife's Medical Bills In Oregon

    Have you talked to an attorney?

    Are you on the medical insurance policy? Who is the primary insured?

  3. #3

    Default Re: Is Husband Liable For Wife's Medical Bills In Oregon

    What you can do is to add the insurance carrier as a defendant in the suit.

    Both husband and wife shall be liable for the reasonable and necessary services of a physician rendered the husband, wife, or their minor child. The husband is liable at common law for reasonable and necessary medical services rendered to the wife and said: the obligation of the wife under the statute is neither greater or less than that of the husband. Physic as used in its original and broad sense is included in necessaries. Surgical services undoubtedly stand upon the same ground as medical services.
    HANSEN v. HAYES
    154 P.2d 202

    You need to be sure to respond within the time limit and properly serve the insurance company.

  4. #4
    Join Date
    Jan 2008
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    11

    Default Re: Is Husband Liable For Wife's Medical Bills In Oregon

    thanks all..

    No this was her policy that she had when I met her... Now she no longer has the policy...

    I was an emergency contact on the check-in form and that's it!... I didn't sign anything. Her policy... Insurance paid for primary DR office visits for same issue but when sent to "specialist" insurance says "pre-existing"... No pay...

    My initial reaction here is to 1. pay the debt to the creditor and then backtrack to do what I need to do...

    like the add insurance co. suggestion. Anything else?

  5. #5

    Default Re: Is Husband Liable For Wife's Medical Bills In Oregon

    If you pay, you will have to try and sue the insurance company. I would add them to this suit but that is just me.

  6. #6

    Default Re: Is Husband Liable For Wife's Medical Bills In Oregon

    first go to the following sight and send the letter they tell you to immediately, change letter as needed to doctor. Most importantly deny the debt asap over the amount in excess of reasonable.
    http://www.hospitalvictims.com/index.asp

    If you qualify they can also help you.

    If you qualify for assistance for free legal, go get it.
    If I get you right. She was uninsured when she went to the doctor? She had insurance when she wasn't married then it was dropped? Please clarify. You need to understand specifics as to why insurance isn't covering the procedures as you can always argue the insurance company to review for whatever necesarry purposes....

    I believe you are jointly liable for the debts of your spouse and vice versa as your assets are considered in whole (not definite on this but, they threaten anyone they talk to). They can sue you but most likely don't want to go to court. Whatever you do, make sure you respond to notices from the courts. You made the first mistake by talking to them so they had your name.

    You have to understand why the claim was denied. This is a very important step and make sure there is validity to the denial. Almost always preexisting conditions are always covered under new insurance. There is a question as to what procedures are covered but the condition should be covered. Get a detailed explanation and check your insurance documents.

    The doctors are required by law to give you within 30 days a detailed explanation of the bill and a validation of the debt if you requested it. There is a court case that even allows an oral from a consumer to be considered a request. you must have made the request within 30 days notice of the letter of collection. This is a very important defense. Another important defense is to make a valid offer of payment as they can not collect attorney fees, interest on anything less than your offer.

    Also they are required by law to send invoices and notices of delinquency and if they didn't they can not win legal fees. Federal and state laws on this US code of consumer credit protection:
    http://uscode.house.gov/uscode-cgi/f...20%20%20%20%20

    Most important if they violate any of the FDCPA. Make sure you write down exactly who, what they said and when exactly. The FDCPA gets you a 1,000/ violation.
    http://ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

    Then there is FACTA. Which if they even looked at yours or your wifes credit is against the law.

    Here are some other great sites:
    http://www.opm.gov/insure/health/cbrr.htm
    http://www.law.cornell.edu/rules/frcp/Rule33.htm Federal but, you need to know applicable states and court rules. This is nice though for information.

    http://www.consumerlaw.org/initiativ...cal_debt.shtml
    http://www.fraudeducation.com/The%20...ed%20Flags.pdf

    When you reply to the courts (if it gets that far), you will have to file an answer that says why you disagree. You can say that you were not given a bill although requested on such and such a date as a first response. Then say you ask for a validation of the debt and it wasn't given to you, you were never given notices of delinquency (yes or no?). You can try to say you're not the correct party but, then you have to name your wife as a third party defendant which still make you ultimately liable.....

  7. #7
    Join Date
    Jan 2008
    Posts
    11

    Default Re: Is Husband Liable For Wife's Medical Bills In Oregon

    Thanks Maglib, here's the deal (I'll follow some of your links in a few)

    1. Girlfirend had existing insurance

    2. Girlfriend visits doctor for condition (claim paid by insurance)

    3. We get married

    4. 1 month after marriage, doctor says "see specialist about it now"

    5. (now wife) see's specialist

    6. Claim is "NOW" denied ~ her same insurance and no changes on policy ~ (and wife is then being sent bills from DR, -- I didn't know about)

    7. Collections calls, I say I pay the bills, wife doesn't work but send a bill to me with my name on it & I'll pay it.

    8. Collections says they can't do that & never heard back from them again after I left the conversation with "if you can't send me a bill with my name, then I think you should file"

    9. They filed, and THEN figured they would add my name to it. (no billing, just name on suit served just before christmas.

    10. *****IMPORTANT (for context)***** I already spend about 1600/mo on lawyer bills because my wifes X is an A-hole. (who I just had to shell out 10k over 1.5years to go thru the process of taking her 4 year old back making her the custodial parent again... And because I pulled the rug out from underneath her X and his lawyer, his lawyer is bent on filing bogus garbage left and right every couple months forcing me to retain more lawyers etc. etc. SO THAT'S ALL I WANT TO SEE, SOME OTHER SUIT FROM SOMEONE ELSE AT CHRISTMAS.

    11. So long story short, the paper is served and my wife says we have 30 days to respond... (she get's the 30 day figure from dealing with our previous court issues - above) I figure, OK, I'll contact the court and set a hearing & just ask that I be removed from the paperwork and that I offered to pay the bill if I could just get my name on it / my business name whatever... Just identify "me" on "A" bill... (keep in mind, this is just before the Christmas / Newyears break)

    12. Then on 1-4-08 a judgment had been entered and a letter with that judgment in it addressed to her and me.

    13. Then, I say W.T.F. and look at the back of the 1 sheet of paper we were served previous & it says you have 14 days to respond (not 30)

    That's the deal.

  8. #8

    Default Re: Is Husband Liable For Wife's Medical Bills In Oregon

    Probably your best option now is to file against the insurance company. 30 days is normal, I have never heard of 14 days. Check with the clerk of court to see if there is any way to set aside the default judgment.

  9. #9
    Join Date
    Jan 2008
    Posts
    11

    Default Re: Is Husband Liable For Wife's Medical Bills In Oregon

    Quote Quoting lwpat
    View Post
    Probably your best option now is to file against the insurance company. 30 days is normal, I have never heard of 14 days. Check with the clerk of court to see if there is any way to set aside the default judgment.
    Thanks LWPAT... Much appreciate your time reading and your reply.

    1st I'll take the papers & my story to the clerk next week, see what they say... Maybe they'll agree to drop me from all paperwork upon payment?...

    Do you think they could do that?

    All I ever wanted was 1. a bill with my name on it and 2. it off "my" credit report. There was never any question of the charge being valid... I don't sweat 300 bucks & wouldn't have gone after the insurance co. to pay it... (It would have cost me 1000.00 in time to file something on the insurance co.)

    Thanks again for your thoughts.

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