How long does a hospital have to bill a patient and/or insurance for a major surgery?

UPDATED: Sep 30, 2022

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How long does a hospital have to bill a patient and/or insurance for a major surgery?

I had a kidney removed 15 months ago and neitherI nor my insurance company have ever received an invoice. I had a robotic surgery and stayed in the hospital for 4 days. This had to be a 100K surgery.

Asked on July 26, 2017 under Insurance Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They have up to 10 years to bill you; this is a case based on contract (your agreement to pay for the surgery), and in your state, the time within which to take legal action to enforce a contract (called the "statute of limitations") is 10 years--so they can bill you while being able to legally enforce it for up to 10 years. After that, while they could try to bill you, they could not force you to pay if you chose to not pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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