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You can go to court and ask the court to require her to use in network providers when it is reasonable to do so and ask the court to release your husband for additional liability caused by her choice to use out of network providers instead. There is no guarantee that the request would be granted, but it is not uncommon for judges to grant these requests. The usual exceptions is where there is not a local provider in network, or where there is a medical reason that the patient must go out of network. You can also ask for court orders regarding communication between the parents re medical treatment.
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If he doesn't get any of these court orders, is he personally liable for everything she does to incur charges, even if he is not present?
What do you mean by "everything she does to incur charges?"
Do you mean the medical bills that arise from her actions? That would depend on the exact wording of the court order. Does the court order specify how medical bills are to be paid? Is it the bills from the providers being sent to you or the Explanation of Benefits from the insurance company?
The court order says that he is to provide health coverage for his daughter, which he does. It is the bills from the providers that come to us - things not covered by the insurance company....copays and non-covered things.
If the court order is silent as to how the parentsare to pay the bills, the parents have an equal obligation - he is not solely responsible for those bills.
Rather than simply refusing to pay the bills though, your husband may want to go to court and ask the court to decide what percentage of the mdical bills each parent should pay. The creditors can go after either parent for the entire amount, but a court order would grant a right of reimbursement to a party who pays more than his portion of the bill.
If your husband decides to stop paying the whole bill, he should notify the creditors/providers of the change in his intent to pay the bills.
Thanks for all your help - one more thing I am thinking is that when one is at the doctor's office, they usually you have you sign a form that says you are the responsible party and will pay the bill should the insurance company not cover it. My husband is not there (because his ex is taking the daughter to these providers, not him) and so he is not the one signing the form - she is. Does that in and of itself provide some sort of protection, even though she is giving them his name as the person roviding coverage?
Not in Pennsylvania because in PA, parents are responsible for the medical bills of their adult, disabled children. It is a responsibility created by the law, not by the contract that the mother signs. Hope that helps!
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