A Call For Help | Page 2 | FinHeaven - Miami Dolphins Forums

A Call For Help

Hi Brett:

You may find the following to be helpful to overcome the past issues, and most importantly, ensure your girlfriend has avenues of care in the future. You should absolutely NOT let an inability to pay impact decisions in using the Pennsylvania health care system (if it is necessary).

ABOUT COLLECTIONS ON MEDICAL BILLS IN PA

The existing debt is governed by the Fair Debt Collection Act federally. They can't harass you, and medical debt is not secured. This means that they can't come after a house, car, or any physical asset associated with the individual owing money. The statute of limitations on this debt is 4 years, meaning nothing can be done in the courts after that time has lapsed. Even if they send bills, they have no recourse.

The debt is not substantial enough to warrant going to court or suing her. Should they sue her, the worst thing they could do is levy a bank account anyway (as the debt is unsecured).

The state of Pennsylvania features an additional layer of debt collection practices to which debt collectors must adhere -- the Fair Credit Extension Uniformity Act. Together with the Fair Debt Collection Act under federal law, there are substantial protections for your girlfriend's privacy and rights. I suggest looking up both of these to ensure that any collection activity is not violating these, in which case you have substantial legal rights.

http://www.pennlawyer.com/fceua.pdf

Bottom line: I am not saying you disregard the notices, but your girlfriend has bigger fish to fry. She should focus on getting better, and you both should know there are tools to get out of the mess. Paying off the debt and prioritizing that is not going to fix this. You need to know what to do going forward.

ABOUT CHARITY CARE & YOUR GIRLFRIEND'S RIGHTS

This may not apply to the previous bills, but going forward, you are likely to receive free or nearly free care which is subsidized by the state of PA.

Whatever hospital she used in the past and may use going forward -- speak with the billing department. If she is unable to do so, you may do so on her behalf. If they will not work with you because of privacy rights under HIPAA, you can get a durable medical power of attorney (f you two are serious) or work with one of her family members to obtain a durable medical power of attorney.

This document will empower to help with financial aid. Going forward, if your girlfriend meets income requirements (which it seems she will), the hospital is state and federally funded to provide care.

Charity Care

Guidelines:

http://www.nonprofithealthcare.org/...aid_guidelines_for_pennsylvania_hospitals.pdf

Pennsylvania Health Law Project:

http://www.phlp.org/wp-content/uploads/2011/03/charity-care-brochure-10-2010.pdf

STEPS TO TAKE

In a nutshell, here are my recommendations as a fellow Fin Fan who wants to see you both overcome this. If you want additional help or suggestions, please PM me.

I can tell you are motivated to help as evidenced by the creation of a GoFundMe page and "putting yourself out there."

1) Take a deep breath, both of you, and realize that the collection activities mean absolutely nothing in the scheme of things.

2) Contact the Pennsylvania Health Law Project ("PHLP"). Tell them that you need help on prior bills and ensuring that your girlfriend has adequate care (should she need it) going forward -- and how to obtain such care. If that isn't helpful, I'll try to find some other programs of public assistance. These people are there to be advocates to your girlfriend as a patient in need and PA resident. Use them!

3) Contact the creditors, unless PHLP provides intervention or other assistance in doing so. Tell them she doesn't have the money, and won't anytime soon. They may request some forms to be filled out showing that they can't squeeze blood from a rock. This will de-escalate any (unlikely) collection activities, and you may end up making a $10 monthly payment toward the debt in order to show good faith. Seems you have donations to do so already. With the resources above, you may even resolve the debt through some of PA's public programs.

4) Contact the billing departments of hospitals where she may need future care, and understand her rights. It is likely there is zero cost or minimal cost options that are state subsidized. You may also receive help in speaking with these hospitals through PHLP.

5) Consider obtaining a durable medical power of attorney. You may want to coordinate this with her family. This will also help if there are times when she is not able to make her own decisions.

https://law.freeadvice.com/estate_p...f_attorney/pennsylvania-power-of-attorney.htm

6) Consider things you can do to combat depression. Things like yoga, meditation, outdoor activities, exercise, etc. can be very helpful (sorry I'm in California!) Without getting all "weird," these things all affect our body chemistry and could help. Needless to say, reducing drug and alcohol intake (if that is an issue) is also helpful, but without supplementing it with some sort of replacement activity, is usually pretty tough.

I hope this helps and again, feel free to PM me if you have questions or if I can help.

Justin
 
In the spirit of the season of goodwill ... hope people don't mind that I bump this for Brett & Sarah.
 
Back
Top Bottom