District of Columbia Agreement for Accord and Satisfaction of an Undisputed Hospital Claim

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Description

Accord and satisfaction is a method of discharging a claim whereby the parties agree to give and accept something in settlement of the claim and perform the agreement. Accord is the agreement and satisfaction is its execution or performance.


A contract is usually discharged by performance of the terms of the agreement. However, the parties may agree to a different performance. This is called an accord. When the accord is performed, this is called an accord and satisfaction. The original obligation is discharged.


In order for there to be an accord and satisfaction, there must be

(1) a bona fide dispute;

(2) an agreement to settle the dispute; and

(3) the performance of the agreement.


A settlement in which one party promises to forego an undisputed, liquidated claim in exchange for a promise to perform, or the performance of, a pre-existing duty will not be held to be enforceable by many courts, because of the absence of consideration. However, the promise to perform, or the performance of, anything slightly different from the pre-existing duty is sufficient consideration to support a promise to forego the claim. When a claim is disputed in good faith, or when an undisputed claim is unliquidated (the amount owed has not been determined), a settlement of such a claim is clearly enforceable.

The District of Columbia Agreement for Accord and Satisfaction of an Undisputed Hospital Claim is a legal document used in the District of Columbia to resolve and settle undisputed claims between hospitals and individuals or insurance companies. It provides a framework for parties to come to an agreement regarding the payment or resolution of medical expenses owed to hospitals for services rendered. The agreement is designed to ensure fairness and clarity in the resolution process. It outlines the terms and conditions under which the hospital will accept a specified amount as full settlement for the claim. The agreement may also include provisions related to payment plans, interest rates, and any other mutually agreed upon terms. The District of Columbia Agreement for Accord and Satisfaction of an Undisputed Hospital Claim is typically used when both the hospital and the party responsible for payment agree on the amount owed and there is no dispute regarding the charges. It enables both parties to avoid the time and expense of litigation and reach a mutually acceptable resolution. Key terms that may be included in this agreement are the exact amount owed, the method of payment, the timeframe for payment, and any conditions or contingencies that need to be met for the settlement to be considered final. Different types of District of Columbia Agreement for Accord and Satisfaction of an Undisputed Hospital Claim may exist based on factors such as the specific hospital involved, the nature of the claim, and the parties involved in the agreement. However, the general purpose and structure of the agreement remain consistent. In summary, the District of Columbia Agreement for Accord and Satisfaction of an Undisputed Hospital Claim is a legal document used to settle undisputed claims between hospitals and other parties responsible for payment. It provides a framework for reaching a fair and mutually acceptable resolution, allowing parties to avoid litigation and move forward.

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FAQ

Satisfaction in the context of a District of Columbia Agreement for Accord and Satisfaction of an Undisputed Hospital Claim refers to the acceptance of a specific payment as resolution of a medical debt. For example, if a patient owes $1,000 for services but negotiates a settlement of $700, the hospital must agree to consider the $700 as full satisfaction of the claim. This agreement protects both parties from further claims related to that specific bill, ensuring clarity and peace of mind.

An example of a District of Columbia Agreement for Accord and Satisfaction of an Undisputed Hospital Claim can be when a patient receives an invoice from a hospital for outstanding charges. If the patient and the hospital agree to a settlement amount that is lower than the original bill, they can create an agreement that specifies this resolution. This document confirms that the hospital accepts the lower payment as full satisfaction of the claim, thereby preventing further billing or disputes.

Accord and satisfaction is a settlement of an unliquidated debt. For example, a builder is contracted to build a homeowner a garage for $35,000. The contract called for $17,500 prior to starting construction, to disburse $10,000 during various stages of construction, and to make a final payment of $7,500 at completion.

Definition. An agreement (accord) between two contracting parties to accept alternate performance to discharge a preexisting duty between them and the subsequent performance (satisfaction) of that agreement.

The satisfaction is the execution or acceptance of this agreement, and once satisfaction occurs, the previous contract is extinguished. Accord and satisfaction is an affirmative defense to a breach of contract claim, requiring the asserting party to plead and prove the defense.

An accord and satisfaction is a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim. Accord and satisfaction is also used to settle legal claims prior to bringing them to court.

Under most state law, a valid accord and satisfaction requires four elements as a minimum, usually, (1) proper subject matter, (2) competent parties, (3) meeting of the minds of the parties and (4) adequate consideration.

The accord is the agreement to discharge the obligation and the satisfaction is the legal "consideration" which binds the parties to the agreement.

554, 561 (2001), for the rule that three elements must exist for there to be an accord and satisfaction: (a) there must be a (good faith) dispute about the existence or extent of liability, (b) after the dispute arises, the parties must enter into an agreement in which one party must agree to pay more than that party

Under most state law, a valid accord and satisfaction requires four elements as a minimum, usually, (1) proper subject matter, (2) competent parties, (3) meeting of the minds of the parties and (4) adequate consideration.

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District of Columbia Agreement for Accord and Satisfaction of an Undisputed Hospital Claim