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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6823
Experience:  Licensed attorney helping individuals and businesses.
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Lincare is threatening to turn me over to collections

Customer Question

Lincare is threatening to turn me over to collections for an invoice that is over 4 years old. The original invoice was sent a year after it was not paid by Humana. I have spoken with them and asked them to provide proof of delivery of the CPAP supplies being invoiced. They have sent a statement every month for 3 years. They keep changing the date of the invoice.
Please advise........
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You are in MA? This is a breach of contract claiming you did not pay what your insurer did not pay? What is your specific question for us about this bill?
Customer: replied 2 years ago.
I am in St. Petersburg,Florida
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.

The contract was entered into in FL as well? Also, what is your specific question you have for us regarding this matter?
Customer: replied 2 years ago.
I am being invoiced by Lincare in Clearwater,Florida. My DME was changed to Lincare 8 mths. after I was prescribed a CPAP. I insured by Humana at that time. Within 2 mths. Aetna was my new insurance provider.
Linacre approached me while I was insured by Humana. They informed me my CPAP supplies were covered under their new program. A year later they billed me for $157 that Humana declined to pay. What are my consumer rights under Fla. law? I really can't remember if I ever actually rec'd the product. I am not in the habit of paying for services or products billed a year after the origination of the invoice. Is it legal for them to bill me for three plus years,then threaten my credit?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your clarification.

So your insurer is a HMO and Lincare is a provider for your insurer? This makes a difference regarding the FL law.

The FL statute of limitations for breach of contract is 5 years in FL from the date of service provided, so they have up to 5 years from the actual date of service to actually sue in FL, but it depends on whether or not Lincare was part of your HMO as to whether they can seek to even collect from you for what the insurer did not pay.