What can I do if a medical bill from emergency room never billed to insurance? 2 Answers as of February 21, 2011

I was in emergency 3 yrs ago and it was billed to my insurance which paid the bill. However there was a separate bill that was not billed to the insurance company, my medical group or me. I just found out about it on my credit report. When I called the number of the collection agency I was told "it was not billed to the insurance company and that billing to the insurance company is a courtesy not an obligation of the emergency room". I was also told "it is my responsibility to make sure everyone gets a paid their portion". The insurance company said that they would pay it if I or the collection agency could provide them a detailed bill. The collection agency says "it is now too late to apply any insurance payments, I had 1 year to clear it up from the date of service". Told "it is now my responsibility to pay". How could I pay it if I didn't know the debt existed? It was placed on my credit report 2 years after the fact, after I received medical help in the emergency room. Do I have a case in small claims? I just want my insurance to pay. I paid my co-pay at the emergency room and they took a copy of my id and insurance card and billed my insurance a partial so I know they had the info.

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
I think the collection company is in violation of both the state and federal debt collection practice acts. DO NOT threaten them with some state action. That could create greater trouble for you. IN A LETTER, no phone calls to vague persons who may not be giving you a true name, write the collection agency and demand a copy of the billing. Write to the three services re your complaint. Contact your insurer. Contact the service provider. All in writing.
Answer Applies to: California
Replied: 2/21/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Go to small claims and sue your insurance company and the ER.
Answer Applies to: California
Replied: 2/21/2011
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