About to drive to Hospital and negotiate...(pseudo-legal question)

[Tom_Mi]

Hi All,
I have a 2yr old bill for just under 4,000. Just after filing CH7 my wife had a breakdown (she's ok now) and was inpatient for a week getting panic attacks under control.

Short version: Can I tell them that a lawsuit for all the money will cost them half in legal fees - and that I can pay them half now without a suit? ...or does the law allow them to tack those fees onto the suit and I have no leverage?

I have a good 2nd argument for my discount but am leaving it out of this post so it doesn't dilute the above question.

Many Thanks,
-t

[mrskal]

Have you negotiated any with them at all yet? After two years it would surprise me if they did not try to already do that. Has it gone into a collection agency yet?

[Pandora]

Short version: Can I tell them that a lawsuit for all the money will cost them half in legal fees - and that I can pay them half now without a suit? ...or does the law allow them to tack those fees onto the suit and I have no leverage?

Many Thanks,
-t

You can tell them that, but I doubt it does any good because in the end they may tell you that it doesnt matter as you will be responsible for all the legal fees tacked onto your account for collection efforts. I'm not really sure if any argument is effective, essentially they provided a service and you agreed to pay the fees associated with it, after insurance (if applicable). You should be able to read their Billing Practices and see what it says regarding collection of delinquent accounts. Given its 2 years out - they may offer to settle for a % but getting them to remove collection/attorney fees may be an uphill battle.

I'm glad your wife is better - panic attacks suck

[Tom_Mi]

It's in collections, but the agency still has to pass any settlement offer to the hosp for approval. I offered to settle in Nov '09 and they said basically "Call the Ins Co..it isn't our problem".

Just want to try again, hoping direct contact might get them to look at me more favorably.


Do you know if hospitals can tack medical debt onto a deficiency suit, or if I can argue a settlment minus those potential costs?

[Pandora]

I'm not sure (re: deficiency) - I'm sure someone else will pop in that can tell you. I do know that since its in a collection agency (presuming they actually own it and arent just in-house collections), you can ask the hospital to take the debt back as the org. creditor, and then offer to settle or make payments to them directly. Its a slim chance they will, but you wont know unless you try. Give it a shot.. nothing to lose

[Tom_Mi]

Thanks, there are no fees yet. Just trying to argue for a discount.

I'm offering 50% because they (verbally) led me to believe my wifes coverage would be similar to our other 80/20 coverages due to a "mental health parity act". ...well the act is BS, designed so nobody ever qualifies. My settlement offer is what I'd have paid at 80/20.

Also, I'm getting foreclosed on and simply don't have any more cash right now.

[mrskal]

All I can say in my case is that any medical bills I have ever had (from collection agency's) and totally ignored, they eventually sent me letters that stated how much they would take.

[tobee43]

tom...many hospitals have services to reduce stays...also they have state and federal funding that should help to defer some of your cost...provided you meet the income criteria.

if you do not meet the income criteria for some assistance, i would then tell them..look..i can only afford X $ per month and if you can't help me...then there is not much more i can do. if they refused continue to make the small monthly payments...worse scenario is if they end up suing you, and you go to court and show the judge you have been paying them regularly and you had just filed bankruptcy, i'm sure the court will accept you position.

good luck...i hope you get a "nice" person to deal with at the hospital that can help you with either the funding or a payment play you can work with..