Medical insurance was supplied by my employer, I have knee replacement preautorized for surgery July 1, 2008 but the employer did not pay the insurance company and now the bills have not been paid. How long does the employer have to pay these bills? Will my credit rating be effected by this delay of payment? Should I get Legal Assistance?

The obligation to pay your medical expenses is between you (the patient) and the hospital and/or physicians. If they have not received payment from the insurance companies, they will come after you for payment and this could most certainly affect your credit rating if they turn you over to collections. You should contact the hospital or physician and inform them of your situation right away. They may be sympathetic and willing to work with you while you try and resolve this matter legally.

If your employer did not pay your health insurance premium, the insurance company has the right to not pay claims for any medical expenses that occurred after the policy expired due to non-payment of premium. If your employer did not notify you that your health insurance was terminated, and you incurred medical expenses under the false assumption that it was valid, you may have a legal claim against your employer for the cost of the due medical expenses. The regulations pertaining to employer responsibility when terminating a group health plan will vary by state. You should definitely consult with an attorney who could better advise in this matter.

Answer by moderator — July 23, 2009 @ 2:24 pm

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