[CLBS] University of Utah Medical Bill-dischargeability?

[Randal French]

If the debtor has insurance or if the state or Medicaid is covering some of the costs, typically I would expect the provider to continue providing.  I think it is a good idea to talk to the provider first and discuss whether insurance, the county, the state or Medicaid will continue paying.  Assuming it is for a non-elective type of care, she also ought to be discussing with the provider whether they will waive any charges and any current bill.  Many providers have a program to forgive or provide free treatment for a person who needs care and has no means to pay.

I would not make any promise to pay voluntarily later.  If your client cannot pay for her medical treatment now, she is not likely to be able to pay anything later.  You do not need any suggestion that she made a knowingly false representation of an ability to pay when she had nether ability nor intention.

Good luck.

Randy French
www.bauerandfrench.com


Bauer & French
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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of David Brown
Sent: Wednesday, June 26, 2013 9:45 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] University of Utah Medical Bill-dischargeability?



My client receives treatment from the University of Utah Hospital. She is very nervous about filing bankruptcy for fear that they will discontinue treatment, which she needs. University of Utah hospital is owned by the State of Utah, so I have a dischargeability question. Is this a debt owed to a government entity or is this still dischargeable?

Typically, my advice to clients in this position medically, is to go and discuss with the provider first before ever filing the bankruptcy to see if an arrangement can be reached to still pay voluntarily so they can still receive treatment.

Thank you
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