Statute of Limitation for Medical Arrears

[seekinghelpny]

What is the name of your state (only U.S. law)? NY
My divorce decree says that I pay 80 percent of unremibursed medical expenses. My ex-wife brought me to court for medical expenses that are from 2005 and older. I've never seen these bills before. This is her first time bringing them to my attention. At first glance some of this bills are for doctors who are out of network and our decree says she must use in network doctors or she is responsible for 100 percent of bill. There are 69 old medical bills. Before I start addressing each one individually can I cite a statute of limitation and that will prevent me form needing to respond to this petition? This seems a little ridiculous that I need to address theses very old bills. My ex-wife tries to throw as much mud of the wall and sees what sticks. She also tries to relitigate issues that were already covered in old decisions.

 

[ecmst12]

Does your court order say she must send you the bills within a certain time period?

 

[seekinghelpny]

No. It doesn't have a time limit but can the bills be considered a contract that has a six year limit? I've provided medical and dental insurance and paid child support with no problems.

 

[sandyclaus]

...At first glance some of this bills are for doctors who are out of network and our decree says she must use in network doctors or she is responsible for 100 percent of bill...

I'm thinking, that at least with the bills that fit under THIS category, that OP's ex would be responsible for the bills and NOT OP. These particular bills should be bounced right back to her.

Not sure about these other bills, though...

 

[ecmst12]

You can try the argument that she waited an unreasonable amount of time before presenting you with the bills, but be prepared to fight them individually in case the judge doesn't buy it. There's no contract though, so I wouldn't bother putting it in those terms.

 

[CSO286]

Serval states have statutory timberline for submitting these expenses for reimbursement....mine is two years from date the expense was incurred. I've done some searching, but I'm on my phone right now and not having much success.

Do a search for ny statutes and unreimbursed/uninsured medical expenses. I will look more in the morning.



And my after-christmas gift to you is to tell you to ignore any "advice" victorxyz3 dispenses. Not only is it nearly always bad "advice", it often lacks any kind of factual basis.

 

[Victorxyz3]

Serval states have statutory timberline for submitting these expenses for reimbursement....mine is two years from date the expense was incurred. I've done some searching, but I'm on my phone right now and not having much success.

Do a search for ny statutes and unreimbursed/uninsured medical expenses. I will look more in the morning.



And my after-christmas gift to you is to tell you to never ignore any "advice" victorxyz3 dispenses. .

I would suggest the OP hops on google scholar and determine this himself.

 

[Victorxyz3]

Serval states have statutory timberline for submitting these expenses for reimbursement....mine is two years from date the expense was incurred. I've done some searching, but I'm on my phone right now and not having much success.

Do a search for ny statutes and unreimbursed/uninsured medical expenses. I will look more in the morning.



And my after-christmas gift to you is to tell you to ignore any "advice" victorxyz3 dispenses. Not only is it nearly always bad "advice", it often lacks any kind of factual basis.

Naughty naughty , you should check before you post; would you not agree? I always check my facts before I post. Do as Victor does is the motto around here!

 

[Victorxyz3]

And my after-christmas gift to you is to tell you to ignore any "advice" victorxyz3 dispenses. Not only is it nearly always bad "advice", it often lacks any kind of factual basis.

No specifics is what dooms this slanderous statement.

 

[mistoffolees]

Serval states have statutory timberline for submitting these expenses for reimbursement....mine is two years from date the expense was incurred. I've done some searching, but I'm on my phone right now and not having much success.

Do a search for ny statutes and unreimbursed/uninsured medical expenses. I will look more in the morning.

If there is no statutory limit (and I suspect that not very many states have one), it comes down to what is reasonable.

If a bill is presented in a timely manner, the person can submit it for their own insurance (which may not have been done by the other parent). Or they can use an FSA. A very late bill makes those options impossible. And, of course, the fact that the other parent used out-of-network providers strengthens this argument.

Many (if not most) judges will not require someone to reimburse expenses that are submitted many years after the fact. So even if the statute doesn't set a timeline, the judge can impose a 'reasonableness' standard.