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John
John, Attorney
Category: Business Law
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Experience:  Licensed and practicing attorney helping businesses achieve their legal and practical goals.
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I was an employee covered in an employers self-insured health

Customer Question

I was an employee covered in an employers self-insured health plan that failed and is now insolvent. An independent fiduciary was hired and has contacted all my Providers to negotiate payment. About 70% of my Providers have failed to respond to 3 written inquires from the Fiduciary, yet they continue to pursue me for payment. Can I not pay the debt because they failed to respond to the Fiduciary?
Submitted: 1 year ago.
Category: Business Law
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
No, unfortunately you, personally, are responsible for that debt unless and until the medical provider makes a deal that the fiduciary payment is full and final payment for services. When a medical provider makes a deal with an insurer or self insured to accept their payment for services they generally have a specific price negotiated for everything in advance. The insurer then cannot just change that and have it be binding on the provider; that would breach their contract. So it's as if you went there uninsured unless they come to an alternate agreement. That being said, I wouldn't make payment on it just yet. You may want to inquire with the fiduciary as to what they plan to do with un-resolved debts. They may possible take those to bankruptcy court for discharge, in which case that would wipe away any obligation.
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Expert:  John replied 1 year ago.
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