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time limitations for medical bills

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beepo

Junior Member
What is the name of your state (only U.S. law)? Illinois

My wife passed away back in July of 2015. She spent several years battling cancer prior to her passing. I paid off all of her medical expenses in the months after her passing. Now, on March 18, 2017 I receive a bill (addressed to my deceased wife) from a plastic surgeon for reconstructive surgery following two separate mastectomies. The dates of service on the invoice are 11/19/2012 and 10/7/2013 and the total "due from patient" on the invoice is $13,000. This invoice is from the doctors office, not a debt collector. I am now living on a single income and have two children in college. My wife provided 60% of our income and I am not in a position to pay this debt nor am I sure if I am even liable for it. I would have a very difficult time even trying to verify the validity of these charges or proper insurance handling because of the time that has passed. Isn't there a statute of limitations to medical billing. Will I have to worry that more bills will arrive in my mailbox from my wife's cancer treatment? Am I really even liable for this expense as it is in my wife's name and the insurance was through her as well? Is there a way to contest this based on the amount of time that has passed before they invoiced me?
 


NIV

Member
I'm sorry about your continuing struggle and loss.

IL has a fairly long statute of limitations. Written contracts have a 10 year statute and I bet you will find your situation falls under that. (http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K13-206) Even if we were talking about an oral contract, the SOL would be 5 years.

Have you submitted the bills to your wife's insurance carrier at the time? While you may be denied because they were not given in a timely manner, you should at least force them to make a determination before determining your next steps.
 

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