How long after a bill is submitted can it be presented for payment?

UPDATED: Sep 30, 2022

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How long after a bill is submitted can it be presented for payment?

My grandfather died 4 years ago and I am the executor of his estate. I received notice from a skilled nursing facility that he apparently received treatment there almost 6 years ago and the co-payment was never paid. The bill is several thousand dollars. However, upon calling my grandfather’s insurance company to confirm the dates, they informed me that they never paid or even received a bill from the facility for the dates in question. Presumably, the facility made some mistake and apparently my understanding is that at this late date they cannot request payment anymore. Assuming they can show evidence that my grandfather did in fact stay there, can they still request payment for the co-payment on a bill they never submitted.

Asked on November 30, 2015 under Bankruptcy Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You write that they already have a judgment; even if you can get it vacated, the date of their suit will relate back to when they filed the previous case, so even though 6 years is long, they are still in time. And if a co-pay was not paid, they can still seek it--the co-pay was something your grandfather was responsible for. Obviously, you personally are not liable for this amount, unless you personally guaranteed it; being an executor does not make you liable. If your grandfather's estate is still in existence--i.e. it hasn't been fully wound up--they can collect from the estate; if the estate has been wound up, there is no one from whom they can collect.

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