Medical SOL for filing lawsuit?

[red dog]

Does anyone know what the SOL is in California for filing a lawsuit to collect a medical debt? Is the SOL measured from the date of service, or some sort of amorphous point in time when the debt goes "bad" or "delinquent"?

 

Many thanks in advance!

[monica]

The SOL is 4 years. However from what I have read on CB if the bill is not from a private hospital or doctor then there is no SOL because of the fact that the government assists in paying bad debts. I think the SOL starts from the date of service but hopfully someone will correct me if I am wrong.

[Why Chat]

Does anyone know what the SOL is in California for filing a lawsuit to collect a medical debt? Is the SOL measured from the date of service, or some sort of amorphous point in time when the debt goes "bad" or "delinquent"?

 

Many thanks in advance!

In general the "SOL" for filing a lawsuit that is NOT time-barred for any "goods or services" is 4 Years. The starting date is the date of service, ( as that is the date payment is/was due).

 

HOWEVER, in PRACTICE, if you are sued by a Hospital, ( or their assigns) or Clinic or ANY OTHER health care service that obtains PUBLIC TAX FUNDS for reimbursement of "bad debts" then there IS no SOL, as the imposition of a SOL for such debts, ( just as in ANY other type of "Governmental" debt )is "against public interest".

[red dog]

In general the "SOL" for filing a lawsuit that is NOT time-barred for any "goods or services" is 4 Years. The starting date is the date of service, ( as that is the date payment is/was due).

 

HOWEVER, in PRACTICE, if you are sued by a Hospital, ( or their assigns) or Clinic or ANY OTHER health care service that obtains PUBLIC TAX FUNDS for reimbursement of "bad debts" then there IS no SOL, as the imposition of a SOL for such debts, ( just as in ANY other type of "Governmental" debt )is "against public interest".

 

Excellent. Is there any way to determine whether public tax funds are applied at a particular hospital? Does that mean, only County hospitals count, or do the local Presbytrian/Catholic/Jewish hospitals also get reimbursed? How about entirely private hospitals, such as those owned by Tenet? Or does the govt make it a policy to reimburse all hospitals, in order to ensure that they keep their doors open to everyone?

 

I find this very interesting. The only other situation where a SOL is unlimited that I can think of is in cases of very heinous crimes, such as murder, war crimes, etc. The rule that you've referenced would mean that a legal liability would exist forever. Surely there is some limitation on this lifting of the SOL? There is also a strong public policy in support of SOLs that goes back centuries in American and, ultimately, English law. I will have to do some legal research on this one.

 

Also, if a hospital gets reimbursed for the bad debts, they've been made whole, so how can they then turn and sue you? Perhaps the legal right to sue goes to the govt?

 

WhyChat, I have to say, this has really peaked my curiosity. I will let you know what I find. Thanks for your help!

[Why Chat]

In general the "SOL" for filing a lawsuit that is NOT time-barred for any "goods or services" is 4 Years. The starting date is the date of service, ( as that is the date payment is/was due).

 

HOWEVER, in PRACTICE, if you are sued by a Hospital, ( or their assigns) or Clinic or ANY OTHER health care service that obtains PUBLIC TAX FUNDS for reimbursement of "bad debts" then there IS no SOL, as the imposition of a SOL for such debts, ( just as in ANY other type of "Governmental" debt )is "against public interest".

 

Excellent. Is there any way to determine whether public tax funds are applied at a particular hospital? Does that mean, only County hospitals count, or do the local Presbytrian/Catholic/Jewish hospitals also get reimbursed? How about entirely private hospitals, such as those owned by Tenet? Or does the govt make it a policy to reimburse all hospitals, in order to ensure that they keep their doors open to everyone?

 

I find this very interesting. The only other situation where a SOL is unlimited that I can think of is in cases of very heinous crimes, such as murder, war crimes, etc. The rule that you've referenced would mean that a legal liability would exist forever. Surely there is some limitation on this lifting of the SOL? There is also a strong public policy in support of SOLs that goes back centuries in American and, ultimately, English law. I will have to do some legal research on this one.

 

Also, if a hospital gets reimbursed for the bad debts, they've been made whole, so how can they then turn and sue you? Perhaps the legal right to sue goes to the govt?

 

WhyChat, I have to say, this has really peaked piquedmy curiosity. I will let you know what I find. Thanks for your help!

You are confusing Civil and Criminal law.

The SOL's are set by each State, and MOST( I haven't read ALL the State's statutes on this issue, but so far I haven't seen ANY that include Gov. entities) exclude Governmental entities.

 

The case-law I have observed on this issue goes to the subject of "against Public policy". The Courts have ruled that if TAX $$ are used to reimburse hospitals ( and ambulance services) for "no-pays" who have not qualified for indigent services that the debt is not subject to State SOL's.

 

These hospitals and other "rescue" services are REQUIRED by State and Federal statutes to make an effort to recoup the $$ from bad debts or risk losing their reimbursments in the future. This is why so many hospitals turn old accounts over in a batch to collection agencies.