[WSBAPT] Creditor Claim from Hospital

[Diane J. Kiepe]

I think this is one of those situations where both sides could be argued in good faith – may want to just send a rejection and put the burden on them to file within 30 days or have to write off– haven’t had a hospital do that yet.  In practice sometimes I send the notice to a hospital at the end of the 3rd month or early in 4th probate where death was there or shortly before death to get the time running.

Good luck

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marcus Fry
Sent: Friday, January 6, 2023 10:49 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Creditor Claim from Hospital

Brent:
I think your first 2 sentences of your question may answer whether reasonable ascertainable.  Obviously your PR knew of the treatment.  My view, difficult to argue not ascertainable just because PR mistakenly believed that insurance covered when no actually checking with insurance co. or hospital appears to have been done to confirm belief.


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 Bryce Dille
Sent: Friday, January 6, 2023 10:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Creditor Claim from Hospital

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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
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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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 Joshua McKarcher
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To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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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