[WSBAPT] Creditor Claim from Hospital

[Bryce Dille]

That if the deceased was on private pay insurance or on Medicare there will always be a portion of hospital care that is not paid by insurance and I would argue this is common knowledge also hospitals are notoriously slow in getting out those billings because of the time it takes them to get any reimbursement and they cant charge the deficiency until that is resolved therefore any provider of last illness healthcare is a reasonably ascertainable creditor.

Bryce H. Dille
Dille Law, PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Friday, January 6, 2023 10:26 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Creditor Claim from Hospital

Well, since nobody else is biting 😉 . . . If the decedent was in that hospital in the 6-12 months before death, and any review of the decedent’s records and papers would have shown a statement or insurance EOB with hospital’s name on it, I am afraid my position would be they were reasonably ascertainable and should have been provided actual notice.

If they last left that hospital 2 years ago never to return; or if there was no trace of the hospital’s recent provision of services in any of the decedent’s papers, then I suppose you could win the argument.

That’s my best take. Good luck! Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Brent Williams-Ruth
Sent: Thursday, January 5, 2023 5:00 PM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>>
Subject: [WSBAPT] Creditor Claim from Hospital

Decedent died in May. They had been sick and treating for cancer prior to death. Executor begins the creditor period and publishes the Notice to Creditors.  Sends out copious known creditor letters but NEVER received anything from the hospital - not an invoice, not an EOB, not a single statement. Nothing.  Creditor period ended in October.

Hospital sends invoice at the end of December.

Are they reasonably ascertainable? The executor had presumed since it has been nearly 7 months since the date of death without a single letter/invoice/statement that insurance must have captured everything.

My argument that they were not reasonably ascertainable but curious if anyone has encountered this and the position taken.

Thank you!

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

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