Question regarding medical bill for deceased wife

[TNSteveRN]

What is the name of your state?
Tennessee

My wife had a brain tumor and as part of her diagnosis and treatment, she had an MRI done at an imaging facility back in January 2020. Unfortunately, she passed away in December 2020.

On October 13 this year, nearly two years post death and I receive a surprise summons over this debt, naming both her and myself as defendants. Under normal circumstances, I would have told a collector to pound sand because it isn't mine and the debtor is deceased, but Tennessee is a "doctrine of necessaries" state, which means a spouse can be sued over a debt if it is considered a necessary expense of living, including medical bills.

On research, pretty much every case involving the doctrine refers to T.C.A. 47-18-805 under the Tennessee Equal Consumer Credit Act of 1974 as where the doctrine is enshrined in TN statute. One particular item, T.C.A. 47-18-804 has caught my attention:

Any action brought under this part may be brought in any court of competent jurisdiction in this state during a period of one (1) year commencing on the date of occurrence of the violation.

Medical debt in TN is typically 6 years, but this statute appears to time bar using the doctrine to apply to myself after a single year. Or am I missing something?

Thanks,
Steve

 

[cbg]

I'm sorry for your loss.

Was this bill ever submitted to your insurance? Was it paid? If not, why not? Did you receive an explanation of benefits for it? Have you been receiving statements from the provider?

I'm going somewhere with this.

 

[TNSteveRN]

Thank you,

It did go through insurance, the balance they are trying to get is roughly the deductible, then some from the coinsurance.

It was shortly after the beginning of the year and all the deductibles and max out of pockets had reset.

I don’t recall seeing any statements, but everything was a jumble to be honest.

 

[cbg]

i was trying to determine whether or not you had reason to know that the bill was outstanding. I know nothing of TN collections law but I know insurance, and if it had been submitted but not paid, that can be a means of taking you off the hook for liability.

I can certainly understand that things were scrambled during her illness and right after her death, but what about since then? You've not seen any statements or billing over 2021 and 2022?

 

[TNSteveRN]

No statements at all. The summons has an affidavit of sworn account that was signed a year after the procedure attached to it, but no summarization of charges or payments. It’s the imaging center’s name on the summons, so it doesn’t appear to be a purchased debt.

 

[cbg]

I'm afraid I'm going to have to bow out. In my layman's opinion the fact that you never received any statements is in your favor as it could be construed that you were unaware of the debt, but as I said I do not know collection or consumer law; my expertise is in employment and benefit law which isn't really a factor here. I'm sorry I can't be of more help but maybe someone else can.

 

[TNSteveRN]

In any case, thank you for your insight, it’s very much appreciated.

 

[Just Blue]

@Ohiogal @Taxing Matters @zddoodah

Steve, I tagged a few of the attorneys that volunteer here to see if they can assist.

 

[Taxing Matters]

Medical debt in TN is typically 6 years, but this statute appears to time bar using the doctrine to apply to myself after a single year. Or am I missing something?

While the statute provides for liability of the spouse for necessities in § 805, the limitation on action in § 804 does not, in my view, appear to help you because § 804 applies to "Any action brought under this part..." and allow for a suit to be brought within "the one (1) year commencing on the date of occurrence of the violation." (Bolding added). The reference to this part refers to lawsuits brought for violations of Tennessee's Equal Consumer Credit law (Tenn. Code §§ 47-18-801 through 805). In other words, the limitation is on actions brought by the consumer under § 803. The creditor won't be suing you under the ECC provisions; it will be suing to collect on a medical debt, for which there is a separate limitation of six years, as you noted. There is, however, no case law directly on point for this. As you have been sued, I suggest you take that summons to an attorney in your state who defends consumers in collection actions for assistance ASAP as the response deadline will be coming up fast.

 

[TNSteveRN]

That may be the direction I go… I’ve seen cases that were decided on the doctrine, but they were all within the 1 year window. Then again, with the amount, it may be just as cheap to pay it and be done vs the cost of an attorney to fight. I can definitely see the direction you are going with your thoughts on it.

Thank you for your input!
Steve