Legal age in NC for paying medical bills

[microsvc]

What is the name of your state (only U.S. law)? NC

At what age is it legal in NC for a child 16 years old to have the responsibility of their own medical bills?

I ask this because my daughter just spent over 2 weeks at a children's hospital and just received a letter in the mail, addressed directly to her, about her ability to pay and a form for financial assistance. They know her age and it's a "children's" hospital.

 

[drruthless]

What is the name of your state (only U.S. law)? NC

At what age is it legal in NC for a child 16 years old to have the responsibility of their own medical bills?

I ask this because my daughter just spent over 2 weeks at a children's hospital and just received a letter in the mail, addressed directly to her, about her ability to pay and a form for financial assistance. They know her age and it's a "children's" hospital.

Hears what the law says
A minor is any person who has not reached the age of 18 years.(1971, c. 585, s. 1.)
Chap. 48-A, § 48A-2.
Age of Majority
18 (48A-2)
Emancipation
Upon marriage or becoming 18; may petition court if 16 or over (§7B-3500 et seq.)
Contracts
Voidable subject to making restitution at common law; if 17 or over, may enter into contract to finance higher education; may be ratified by silence after 3 years subsequent to age of majority
Ability to Sue
By guardian, testamentary guardian, guardian ad litem (1A-1, R. 17(b
Consent to Medical Treatment
VD, pregnancy, drug abuse, or emotional disturbance; any emancipated minor may consent to medical, dental, or health treatment for himself or child (§90-21.5)

Inside North Carolina Age of Majority Law

USLegal Home
Minors
Age of Majority
North Carolina Age of Majority Law

Depending why she was there, you be on the hook for this one.

..___________________________
~ Life is pleasant.
Death is peaceful.
It's the transition that's troublesome.~ Isaac Asimov

 

[PayrollHRGuy]

Generally there is, when being admitted to the hospital, a point where they ask or you complete a form that asks who is the responsible party. Odds are someone completed the form wrong or it wasn't completed at all.

Clearly the 16 year old minor isn't responsible for the bill. The parents are. Simply call the billing department of the hospital and ask them to correct this error.

 

[xylene]

You received a form letter. Not abill. Call and ask them about it.

There are many children who have their own means, from trusts and inhereitances as examples.

Other children may be receiving special governmental benefits

I'm not sure this is less nefarious than you think.

 

[microsvc]

I took the "form letter" with her info and mailed it back with a copy of the emergency Medicaid card, the one they copied themselves upon admission.

I hope when the emergency Medicaid expires, it can get renewed, else we are screwed.

 

[Taxing Matters]

Clearly the 16 year old minor isn't responsible for the bill. The parents are.

In North Carolina the parents are responsible to pay for medical care of their children under their duty to provide support, and it extends beyond just emergency medical care. See Alamance Cty. Hosp., Inc. v. Neighbors, 315 N.C. 362, 365, 338 S.E.2d 87, 89 (1986).

But the minor may also be liable, too. While the general rule is that minors may disaffirm their contracts, there are some exceptions to that. One of those is where the minor enters into a contract to obtain “necessaries”, i.e. those things needed as a necessity for living. Medical expenses can fall into the category of necessaries. As the NC Supreme Court stated:

It will be noted that an infant is liable for medical services rendered in an emergency to save his life, even though his father may also be liable. Bitting v. Goss, 203 N.C. 424, 166 S.E. 302; Cole v. Wagner, 197 N.C. 692, 150 S.E. 339, 71 A.L.R. 220. To the well recognized rule that an infant is not liable on contract is the well recognized exception that he is liable for necessaries.
​

In re Pea****, 261 N.C. 749, 753, 136 S.E.2d 91, 94–95 (1964). So, at the very least, where the minor needs emergency medical care both the parent and the minor may be liable for those expenses.

ETA: the case name got bleeped by the system as containing a possible obsenity; the name of the case matches a certain type of bird known for having very colorful and ornate tail plumage

 

[quincy]

In North Carolina the parents are responsible to pay for medical care of their children under their duty to provide support, and it extends beyond just emergency medical care. See Alamance Cty. Hosp., Inc. v. Neighbors, 315 N.C. 362, 365, 338 S.E.2d 87, 89 (1986).

But the minor may also be liable, too. While the general rule is that minors may disaffirm their contracts, there are some exceptions to that. One of those is where the minor enters into a contract to obtain “necessaries”, i.e. those things needed as a necessity for living. Medical expenses can fall into the category of necessaries. As the NC Supreme Court stated:

It will be noted that an infant is liable for medical services rendered in an emergency to save his life, even though his father may also be liable. Bitting v. Goss, 203 N.C. 424, 166 S.E. 302; Cole v. Wagner, 197 N.C. 692, 150 S.E. 339, 71 A.L.R. 220. To the well recognized rule that an infant is not liable on contract is the well recognized exception that he is liable for necessaries.
​

In re Pea****, 261 N.C. 749, 753, 136 S.E.2d 91, 94–95 (1964). So, at the very least, where the minor needs emergency medical care both the parent and the minor may be liable for those expenses.

ETA: the case name got bleeped by the system as containing a possible obsenity; the name of the case matches a certain type of bird known for having very colorful and ornate tail plumage

It is sometimes a challenge on this site to come up with creative alternatives to certain words. Peac0ck is one of many.

 

[microsvc]

To be clear, she was hospitalized for self harming and is presently in a long term mental health facility.

 

[justalayman]

To be clear, she was hospitalized for self harming and is presently in a long term mental health facility.

It doesn't change what taxing matters provided. There is a shared liability for the debt. Both parents as well as the child are liable for the debt. The child cannot disavow liability as the debt was incurred for "necessaries".

 

[LdiJ]

In North Carolina the parents are responsible to pay for medical care of their children under their duty to provide support, and it extends beyond just emergency medical care. See Alamance Cty. Hosp., Inc. v. Neighbors, 315 N.C. 362, 365, 338 S.E.2d 87, 89 (1986).

But the minor may also be liable, too. While the general rule is that minors may disaffirm their contracts, there are some exceptions to that. One of those is where the minor enters into a contract to obtain “necessaries”, i.e. those things needed as a necessity for living. Medical expenses can fall into the category of necessaries. As the NC Supreme Court stated:

It will be noted that an infant is liable for medical services rendered in an emergency to save his life, even though his father may also be liable. Bitting v. Goss, 203 N.C. 424, 166 S.E. 302; Cole v. Wagner, 197 N.C. 692, 150 S.E. 339, 71 A.L.R. 220. To the well recognized rule that an infant is not liable on contract is the well recognized exception that he is liable for necessaries.
​

​

In re Pea****, 261 N.C. 749, 753, 136 S.E.2d 91, 94–95 (1964). So, at the very least, where the minor needs emergency medical care both the parent and the minor may be liable for those expenses.

ETA: the case name got bleeped by the system as containing a possible obsenity; the name of the case matches a certain type of bird known for having very colorful and ornate tail plumage

I do not like that law. Imagine a preemie. Imagine that the preemie's parents could never pay off the bill and a judgment was entered against all of the parties. Imagine a judgment that is renewable. Imagine that judgment hanging over that preemie's life, for the rest of their life. Heck, in that scenario the parents could file bankruptcy against the debt with the child still remaining liable...quelle horreur...

 

[Taxing Matters]

I do not like that law. Imagine a preemie. Imagine that the preemie's parents could never pay off the bill and a judgment was entered against all of the parties. Imagine a judgment that is renewable. Imagine that judgment hanging over that preemie's life, for the rest of their life. Heck, in that scenario the parents could file bankruptcy against the debt with the child still remaining liable...quelle horreur...

Just as the parents may file bankruptcy to get rid of the debt, so too may the child. Indeed, in your situation of the preemie, the kid (through his/her parents) could file bankruptcy while still a baby and it wouldn’t even show up on his/her credit report by the time the kid was an adult and applying for credit on his/her own. It is certainly not the case that the kid would be stuck with it “for the rest of their life” as you claim. So I’m not seeing this as the horror that you do. And the flip side of it is imagine the taxpayer or hospital getting stuck with it even though the minor might have the resources to pay the bill. Is that a proper outcome?

In any event, NC is hardly unique in providing the exception for necessaries. That is the rule in the majority of states in the U.S.

 

[drruthless]

To be clear, she was hospitalized for self harming and is presently in a long term mental health facility.

I would reread your insurance policy VERY CLOSELY you 'might' be covered.
I wished I had. A 98cent bottle of aspirin wound up costing me 98 hundred bucks!!
The policy didn't cover Attempted suicide...

 

[ajkroy]

Medicaid doesn't usually come with a "policy" to review, but the cost-share you will have will depend upon which plan you have and your income.

Self-harm, especially in the form of cutting or burning, is always serious and should seek help. It is rarely a suicide attempt.