This form is a grants authority to the attorney to pay the client's unpaid medical bills out of the client's settlement proceeds.
West Virginia Authority to Pay Medical Bills
State:
Multi-State
Control #:
US-PI-0235
Format:
Word;
Rich Text
Instant download
Description
How to fill out Authority To Pay Medical Bills?
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FAQ
In West Virginia spouses are not responsible for the medical bills of their husband or wife. However, in Virginia they are. If you live in West Virginia and your spouse has medical bills incurred in Virginia, this should be a consideration in deciding whether to file a joint bankruptcy case.
The Doctrine of Necessaries (sometimes called ?Necessities?) typically means that a spouse is responsible for the necessary expenses of the other spouse, during their lives and after death. Necessaries usually means medical bills, but can also include shelter like nursing home care.
§16-29-2. (a) A provider may charge a patient or the patient's personal representative no more than a fee consistent with HIPAA, as amended, and any rules promulgated pursuant to HIPAA, plus any applicable taxes.
While spouses continue to have joint and several liability for payment of necessary medical expenses while both spouses are living, the surviving spouse is no longer personally responsible for the payment of necessary medical care expenses after the death of the patient spouse. See Va. Code § 55.1-202.
If the debt is based on a written contract like medical debt, the creditor may file a collection lawsuit within ten (10) years from the time the debtor defaulted on their obligation.
You are protected from balance billing for: This includes services you may get after you're in stable condition, unless you give written consent and give up your protections not to be balanced billed for these post-stabilization services.
West Virginia law, specifically WV Code §46A-2-127, states that debt collectors should not deceive, mislead, or perform fraudulent activities when collecting and attempting to collect a debt. Examples of these bad business practices include: Refusal to give their true name and hide behind the company's name.
