Thank you for your question. I look forward to working with you to provide you the information you are seeking.
Unfortunately, the hospital can sue the patient for the cost of the test, even if the cost was not explained in advance. When a patient has insurance, the patient is still liable for payment in the event the insurance does not pay. Thus, your claim is for breach of contract
against your insurer at the time to force them to pay and that their claim that this was pre-existing and not reported to them is merely a pretext to breach the contract
in bad faith.
Also, you need to contact the hospital and be persistent and go through the supervisors and negotiate the amount of the bill and even a payment plan as most all hospitals, despite what they tell people to get them to go away, will ultimately end up discounting bills 50%-75% when patients complain and are persistent in arguing their case through the billing supervisors up the chain in the hospital.
These are your two options legally since otherwise the hospital can sue you for the matter and if the hospital got a judgment they can garnish your wages for the debt for which you are ultimately liable if your insurance did not pay.
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