How long can a business come after you to recoup money regarding a denied insurance claim?
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How long can a business come after you to recoup money regarding a denied insurance claim?
I have a mammography clinic which I have been going to for 10 years trying to collect money 2 years after the appointment, the company has now sent me to collections. I gave my insurance card, the company billed my insurance, which then paid the claim. Then for some reason, 2 years later, the insurance company recouped its money, so the clinic came after me for the money. Can they do that?
Asked on March 21, 2019 under Insurance Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, they can: if they were not paid by insurance (e.g. insurance took the money back), you are responsible to pay for your treatment. Their claim against you is considered one arising in or coming out of contract: out of the agreement that they would be paid in exchange for treating you. The statute of limitations, or time within which to sue, in your state for a claim arising in contract is at least 5 years, which means they have at least 5 years from the appointment to take legal action to recover the money. Therefore, they are well within time to "come after you."
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