What Is the Statute of Limitations on Medical Bills in California?
- Medical debt can cause major financial and emotional distress, but California laws offer protections against creditors
- Understanding the statute of limitations on medical bills helps ensure your rights are upheld
- OakTree Law offers legal solutions to help you handle medical debt
Medical bills can cause significant financial stress, and when collectors become involved, the stakes can feel much higher. At OakTree Law, we provide strategic legal solutions, like bankruptcy, to help improve your financial situation and, if possible, avoid foreclosure and wage garnishments, which only increase the stressfulness of the matter. Understanding the statute of limitations on medical bills in California is key to protecting your rights and getting back on your feet financially.
How Long Can Medical Debt Be Collected?
For most medical bills, there is a statute of limitations defining how long your debt can be pursued. In California, that limit is four years from the date the bill was issued, although there are some exceptions. If your debt falls within the time limit, the issuer can attempt collections and file a lawsuit if they are unsuccessful. However, no claim can be filed against you if the statute of limitations has expired.
Disputing Debt
If you receive a debt notice that you aren’t sure about, it is important to consult an attorney experienced in medical debt before addressing it in any way because making a payment or acknowledging the debt in writing can actually restart California’s medical debt statute of limitations. Don’t act without expert advice.
Medical Billing Time Limits in California
You also have protections regarding how quickly a medical provider must send you a bill. The general rule is that a bill must be sent within one year of service, but there are exceptions.
If you receive a bill long after your medical care, it’s smart to seek legal advice before responding. While not always illegal, late billing may impact your ability to dispute charges, seek reimbursement, or protect your rights under the statute of limitations on medical bills.
What Rights Do You Have Concerning Collections?
As of 2022, California law requires hospitals to wait at least 180 days before reporting debts or filing collection actions. This grace period is intended to provide you with time to negotiate payments or seek financial assistance. If a bill is referred to collections, hospitals must send written notice including:
- The name of the agency receiving the debt
- Instructions for requesting an itemized bill
- Decisions regarding your financial assistance application
These disclosures, along with amendments to existing laws governing medical debt in California, ensure your rights are protected and that the statute of limitations is adhered to.
State and Federal Protections
Both California law and the Fair Debt Collection Practices Act (FDCPA) prohibit harassment and deception in the debt collection process. Collectors cannot threaten you, make annoying or distressful calls, or claim to be lawyers or representatives of credit or government agencies, and they cannot use abusive or foul language.
How Long Until Your Medical Bills Go Away?
While debt doesn’t vanish automatically, California’s medical billing time limits and the statute of limitations on medical bills both create hard deadlines for lawsuits. If four years have passed without legal action, you have strong grounds to dispute further collection threats.
Bankruptcy is another option to discharge medical debt. Talk with a lawyer to assess your circumstances and get solid legal advice regarding your path forward.
Contact OakTree Law
Understanding the statute of limitations on medical bills and your rights throughout the debt collection process is critical to ensuring you are treated fairly. Unfortunately, many debt collectors ignore the law and engage in harassing tactics, making it even more difficult to face this stressful situation on your own.
At OakTree, our medical debt and bankruptcy attorneys are familiar with every aspect of California’s statute of limitations on medical bills as well as the newest laws protecting consumers. We can help you stop harassment, resolve disputes, and explore every legal option available to get your financial situation back on track. Contact us for your FREE case evaluation today.