Fellow consumer attorney Ian Lyngklip of Michigan produced this helpful video that you should watch if you are stressed about bills during work interruption from COVID-19.
Guide to Reducing Hospital Bills for Lower-Income Patients
by Andrea Bopp Stark
As described below, hospital debt poses a significant problem for millions of Americans. This article provides a nine step approach for lower-income patients seeking to eliminate or reduce hospital debt.
Medical Debt Is a Widespread and Serious Problem
More than 27 million Americans lack any health insurance—58% of low-income working adults, 44% of young adults, and 35% of Latinx adults. In addition, almost 50% of nonelderly adults have insurance that requires high deductibles and significant out-of-pocket costs. In recent years the number of Americans uninsured or underinsured has been growing.
As a result, a high number of families are burdened with medical debt:
As a result, there is an urgent need to address consumers’ medical debt problems. A detailed discussion is found in NCLC’s Collection Actions Chapter 9. This article provides a nine step approach for lower-income Americans to reduce or avoid their hospital bills.
Step 1: Don’t Prematurely Pay Even Part of the Hospital BillDepending on the state and the patient’s income, the bill may be waived in whole or significantly reduced—there is no benefit in making payments that may not be owed. Nor is there any downside in delaying payment:
Step 2: Determine If the Consumer Is Medicaid EligibleDetermine if the patient is Medicaid eligible. In some but not all states Medicaid coverage is retroactive to hospital bills incurred over the prior three months. Even where a state does not allow retroactive coverage, if the patient is found to be Medicaid eligible then at least for future bills they will have that source of payment for any follow-up treatment or other conditions.
Apply for Medicaid by going to www.healthcare.gov or calling 800-318-2596, or at the local public assistance office. Eligibility for Medicaid varies from state to state and depends on family income and may also depend on family resources. Some states limit Medicaid to certain groups of people, such as children and pregnant women. However, people in many states automatically qualify so long as their income is 138% of the poverty line or below. (In 2020 the income limits are: $17,236 for a family of one; $23,336 for a family of two; $29,435 for a family of three; and $6,100 for each additional family member. The poverty line is higher in Alaska and Hawaii.)
Sometimes children are eligible for Medicaid even if their parent is not. Medicaid’s Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) requirements mandate coverage of a broad array of diagnostic, preventive, and treatment services for beneficiaries under age 21.
In addition to Medicaid, some states may offer other programs to help lower-income patients with healthcare bills. Ask the hospital financial counselor or patient advocacy organizations in your state for more information.
Step 3: Determine If a Hospital Is a NonprofitAs described below, a consumer has additional federal rights concerning a hospital bill if the hospital is a nonprofit 501(c)(3) entity, and additional state law rights may apply as well in a few states. To determine if a hospital is a nonprofit, go to the IRS website. In particular, go to the IRS tax exempt organization search page and search by organization name (under the drop down starting with employment identification number). The website will only identify if a hospital is a 501(c)(3) entity. If the hospital is not found, it may be that it is still nonprofit but under a different name (such as hospital’s parent entity) or the name has not been included in this database.
It is always wise to check to see if a hospital is a nonprofit even if it does not show up on the above website. Alternative methods of determining if a hospital is nonprofit include checking the hospital’s website, asking a hospital administrator, or talking to the hospital’s billing office.
Step 4: If the Hospital Is a Nonprofit, Understand Consumer Rights Under Federal LawThe Affordable Care Act (ACA) (also known as Obamacare) imposes certain requirements on nonprofit hospitals with 501(c)(3) IRS tax status concerning their financial assistance policies for low-income patients. Hospitals must create a written financial assistance policy (FAP) and a written emergency medical care policy. The financial assistance policy must disclose:
Step 5: Whether the Hospital Is Nonprofit or For-Profit, Understand Rights Under State LawUnlike federal law, state laws often specify standards for how much financial assistance a hospital must provide a patient of a given income level, and these state laws typically apply both to for-profit and nonprofit hospitals. But applicable state law varies significantly from state to state.
For example, ten states have enacted laws that require hospitals to provide a full spectrum of free and discount care for patients under specific eligibility standards, primarily based on income: California, Connecticut, Illinois, Maine, New Jersey, New York, Nevada, Rhode Island, Washington, and Maryland. On the other hand, five states (Hawaii, Montana, New Hampshire, Wisconsin, and Wyoming) have no financial assistance requirements. The other thirty-five states are somewhere in between.
Even among the ten states that have strong protections, there are differences. In Maine, all hospitals must provide free care for patients whose household income is up to 150% of the federal poverty level (FPL), but there is no discount care at all for those with higher incomes. Illinois on the other hand requires all hospitals to provide free care for those who are uninsured with family income of up to 200% of the FPL or up to 125% FPL for rural or critical access hospitals. But Illinois also mandates discount care for those with family income of up to 600% of FPL.
A number of states provide requirements only for nonprofit or state hospitals (Oregon, Texas, and Louisiana). Some states provide assistance directly from the state for hospital bills (Massachusetts, Colorado, and South Carolina). There are even more variations in other states.
Detailed state-by-state summaries of financial assistance requirements are available from two NCLC resources: NCLC’s An Ounce of Prevention: A Review of Hospital Financial Assistance Policies in the States (Jan. 2020) and NCLC’s Collection Actions § 9.4.3. An Ounce of Prevention includes eight appendices summarizing each jurisdiction’s type of financial assistance as well as who is eligible, the source of funding for the plans, and the statutes (if any) that mandate the assistance, which allows advocates and legislators to compare their state with the policies in other states.
NCLC’s Model Medical Debt Protection Act (Sept. 2019) provides language for a model state law mandating financial assistance for lower-income hospital patients. The model act specifies eligibility guidelines for financial assistance, provides specific guidelines for charity and discounted care, and includes procedural safeguards to protect consumers from aggressive or unfair debt collection practices.
A growing number of states have also enacted “surprise” medical debt legislation—at present about half the states have this legislation. Surprise medical debt laws limit bills from out-of-network physicians providing services at an in-network hospital. These laws address the situation in which a patient assumes their insurance covers care at an in-network hospital only to be surprised that an individual doctor’s bill at the hospital is not covered by insurance. There are also some state laws dealing with balance billing—where a hospital agrees to receive less than the full chargemaster price from the insurance company and then bills the patient for the difference. See NCLC’s Collection Actions § 188.8.131.52.
Step 6: Obtain the Hospital's Financial Assistance PolicyIt should not be difficult to obtain a hospital’s financial assistance policy (FAP). For nonprofit hospitals, federal law requires hospitals to:
The above requirements apply to nonprofit hospitals, but for-profit hospitals may use some of the same methods to publicize their policies. If all else fails, ask the billing office for a copy of any financial assistance policy.
Step 7: Compare the Financial Assistance Policy with State Requirements and the Individual Patient’s CircumstancesMany hospitals will have a financial assistance policy. Federal law requires every nonprofit hospital to have one, some states require all hospitals to have one, and even where a for-profit hospital is not required to have one by federal or state law, it may still voluntarily have such a policy. For example, Vermont hospitals have all voluntarily created financial assistance plans.
Compare the policy with any state requirements. In a shockingly large number of cases hospital financial assistance policies do not comply with state law. See NCLC’s Collection Actions § 184.108.40.206. Then compare the policy with the patient’s income and the type of care the patient received to see if the patient qualifies for assistance.
Step 8: Applying for Financial Assistance
After determining whether the patient’s income and family size qualify under the financial assistance policy, make sure that the hospital procedure is covered by the financial assistance policy. Some procedures such as cosmetic surgery may not be covered.
Next, find out how to apply for the assistance. The patient may have to provide a detailed budget, list of assets, information about family members, tax returns, or proof of income. Federal law requires nonprofit hospitals to explain in their financial assistance plan the procedure for applying for financial assistance. If the financial assistance plan does not fully explain the application process, call the hospital’s billing office for more information. Do not delay as many programs only give you about 240 days after the care or procedure to apply for assistance.
Federal law places certain requirements on a nonprofit hospital’s handling of an application for financial assistance, such as a denial cannot take place because of missing information not specified in the hospitals disclosure of application requirements. If a nonprofit hospital provides limited financial assistance without even reviewing an application for assistance, the patient still has the right to seek additional assistance. See generally NCLC’s Collection Actions § 220.127.116.11.5.
Step 9: If an Application for Financial Assistance Is DeniedIf a patient is denied assistance, some hospitals may have an appeals process. Pay attention to the time allowed for any appeal. There may be steps to preserve a claim for financial assistance.
If the patient ultimately does not qualify for assistance, some hospitals provide payment plans to pay off the debt over an extended period of time. But a patient should never agree to a payment plan that the patient cannot afford or that would prevent payment of other of the patient’s debts.
Hospital debt should be treated as a lower priority debt compared with rent, utility, mortgage and automobile loans, and most other forms of debt. Non-payment of that other debt will have serious immediate adverse consequences, while hospital debt may have little negative effect for six months (as described above) and it may be years, if ever, before a judgment is taken against the consumer for the debt. Also, hospital debt is unsecured debt that is fully dischargeable in bankruptcy.
When a judgment is taken against a patient, it will be important to determine the patient’s exposure to wage garnishment and seizure of bank accounts or other property. But some low-income patients may be totally judgment proof.
Be aware that under state necessaries statutes or common law doctrines a spouse may be liable for the other spouse’s treatment and a parent for children’s treatment. For more detail, see NCLC’s Collection Actions § 9.6.
New FTC Data Show Consumers Reported Losing More Than $200 Million to Romance Scams in 2019
New Federal Trade Commission data from the agency’s Consumer Sentinel Network show that consumers reported losing $201 million to romance scams in 2019—up nearly 40% since 2018.
Romance Scams InfographicRomance scammers prey on consumers who are looking for love, converting what feels like a budding relationship into an ask for money to help the scammer get out of some manufactured crisis. The stories and feelings can be compelling, and the losses can be huge.
In 2019, more than 25,000 consumers filed a report with the FTC about romance scams, and over the past two years total reported losses to romance scams were higher than to any other scam reported to the FTC.
A new blog post from the FTC has more information about the scams, including tips for recognizing a romance scam, along with a new infographic highlighting the latest data.
More information is also available on the FTC’s romance scam page, as well as in a video. Information about FTC complaint data can be found at ftc.gov/exploredata, and consumers can file a complaint at ftc.gov/complaint.
The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs, and subscribe to press releases for the latest FTC news and resources.
CONTACT FOR CONSUMERS: Consumer Response Center. 877-382-4357
Don't get catfished by your Valentine
Coal in Your Stocking All Year Long -- Radical Pro-Corporate Justices Ignore and Gut Your Constitutional Rights to Protect Corporate Profits
Excerpt from a must-read piece in Slate about the Supreme Court justices who love to pretend to just call balls and strikes while actually being totally in the tank for corporations against real people -- click title below to read the whole thing:
"The Decade Class Actions Were Gutted." by Mark Joseph Stern
The Supreme Court's radically un-conservative "conservative" majority is a major cause of Americans' rising cynicism and distrust in government -- not everyone can recite the cases or describe the legal backflips and somersaults that these justices twist to reach their desired results, but the effect is clear and unmistakable throughout the country: the courts in America are hostile to ordinary Americans and they are peopled by judges who see their job as doing whatever is necessary to close the doors to the courthouse to real people while slavishly serving corporate wrongdoers.
It’s no secret why employers and corporations love arbitration: The process is a raw deal for the little guy. The arbitrators who preside over these cases may not be bound by substantive law, meaning victims can’t get the damages they’d get in actual court. Nor are arbitrators constrained by the procedural safeguards of the judicial system. The company accused of wrongdoing generally gets to choose the venue, which may be far away from the victim’s home. Victims must pay their own way, not just for travel but for legal representation. Arbitration outcomes are frequently confidential, but all available data suggests that victims fare poorly.
Sometimes people say that health care in the US is an example of "market failure" because health care has few, if any, of the traits that economists say make for fair markets where competition leads to optimal outcomes (lots of willing buyers who are able to walk away from a bad deal, lots of willing sellers competing for the business of the willing buyers, transparency in pricing, absence of monopoly control, etc.).
But calling the US health care a "market failure" is dumb, because it misses what game the Medical-Industrial Complex and Big Pharma are playing -- what they actually do and want to maximize.
Hospitals (even nominally "nonprofit" hospitals), labs, and especially drug companies are highly successful in what they do that they care about, which is the money markets. It's absurd to say US health care is a market failure when they provide a globally vastly inferior product while still commanding the highest prices by a long shot. If that's failure, it's the kind of failure every other business would like to have.
They are screaming successes at making money, and any "health" benefit is incidental to them - indeed, health hurts their business model, which is why they prioritize new, patentable products and treatments rather than prevention and changing the ways we live (and expose ourselves to pollutants) to enjoy greater health. They have erected enough barriers to competition and built such expensive entry tolls for health care practitioners that very few can refuse to become indentured servants to the "health care" industry or question its practices.
The "health care" system is the single biggest consumer ripoff in America today.
But it's definitely not a "market failure" -- it's just the screaming success that kills.
Stories and stats from Oregon’s Prescription Drug Price Transparency Program
COPY, PASTE, LEGISLATE -- Great Exposé on Auto Dealers Seeking to Avoid Liability for Selling Dangerous Used Cars
Great investigation and reporting effort about how used car dealers put profits over peoples' lives and how they use their profits to buy power in state legislatures, which gives them a chance to sneak through legislation that immunizes them from liability for selling actual killer products.
This is just another example of how our corrupted system of influence buying through campaign contributions threatens all Americans with a return of the "buyer beware" sales practices that consumer protection legislation and civil suits have helped fix.
COPY, PASTE, LEGISLATE
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LAWYERLY FINE PRINT:
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