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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 19015
Experience:  B.A.; M.B.A.; J.D.
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I was in an accident April 2015, Medicare claims never

Customer Question

I was in an accident April 2015, Medicare claims never received bill from hospital. When Medicare received the bill it was past the year so they refuse to pay and they also say an appeal cannot be filed. The attorney claims that there is not much that can be done so the full bill has to be paid out of my settlement. Shouldn't the attorney handling my case been on top of the billing?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Nevada.
JA: Have you talked to a lawyer yet?
Customer: Only my lawyer and he says there isn't much that can be done. The hospital has deliberately taken it's time on billing and knew Medicare was not going to pay after the year time limit.
JA: Anything else you think the lawyer should know?
Customer: No. I just need to know is there another recourse?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 10 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties. I am preparing my response to your post and I will post it very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 10 months ago.

Your Questions:

Shouldn't the attorney handling my case been on top of the billing?

Response: Unfortunately, no. The Attorney is not responsible for making sure that the hospital sends its bill to Medicare on time.

I just need to know is there another recourse?

Response 2: There is. You can refuse to pay the hospital from your settlement and let the hospital file lawsuit against you to collect. You can defend by showing that the hospital failed to submit its bill to Medicare on time and because of this failure, Medicare refused to pay the bill. So, you should not be penalized for the hospital's failure to submit its bill to Medicare on time. Hospital must bear the consequences of its action.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. That’s the way that I get paid for answering questions on the site. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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