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Is a Debt Collector Suing you over Unpaid Medical Bills?

New York has many consumer protection laws and regulations, but one of the most effective consumer protection statutes is Section 349 and 350 of the General Business Law (also known as the “GBL”), which prohibits deceptive and misleading business practices. These laws protect consumers like you against fraudulent business behavior.

Some examples of prohibited acts include bait & switch scams, deceptive billing practices, misuse of the word “free”, membership scams, improper labeling, failure to disclose defects, refund refusal, failure to adequately perform a service, and many others. If a business commits one or more of these acts against you, you may be entitled to compensation that could far outweigh the money that you lost. But more importantly, you can let them know that they can’t get away with it. And there’s no better way to send that message than by hitting their wallet.

 If you are a New York resident being sued in Nassau or Suffolk County by a hospital or medical treatment facility such as Good Samaritan Hospital, John T. Mather Hospital, North Shore Medical Group, Huntington Medical Group, or any other healthcare facility, we can defend you. Contact us right now for your free case review.

     In addition to your consumer rights, medical debts are protected by New York’s Medical Debt Collection Laws, enabling additional protections for consumers.

Did you know?

  • Hospitals may not charge uninsured patients with income under 300% of the federal poverty level more than what the hospitals receive from Medicare, Medicaid, or the highest volume payer for that hospital.
  • New York requires hospitals to use a written financial assistance policy that sets forth a sliding scale and discount rates.
  • Patients with income under the federal poverty threshold may only be liable for a nominal amount, while those patients with 100% to 150% of the poverty level may only be required to pay up to 20% of the amount paid by insurers.
  • Hospitals must provide for payment plans with payments not to exceed 10% of the patient’s gross monthly income and for which interest is limited to the rate on a 90-day Treasury bill plus 0.5%.
  • New York hospitals may not send collection letters directly to patients who are in the process of applying for Medicaid or other financial assistance.
  • New York hospitals must provide a 30-day notice to patients before referring the bill to a debt collector.
  • A hospital may not foreclose on a patient’s home but may place a lien on it.
  • Debt collectors must obtain the hospital’s consent before commencing a lawsuit to collect the medical debt.
  • Collectors must follow the hospital’s financial assistance policies and provide information on such policies.
  • Hospitals must provide notices of their financial assistance policies.
  • New York hospitals that receive state charities are prohibited from engaging in discriminatory pricing practices.

   If you are being sued for unpaid medical bills in Nassau County or Suffolk County District or Supreme Court, and you believe you are being overcharged for medical services, balance billed for insurance errors, billed for services you never received, or if you believe you may have any other legal defense, find out how we can help you.

Are You Being Harassed by a Debt Collector Over Unpaid Medical Bills?

     All debt collectors, even medical debt collectors pursuing unpaid medical bills on behalf of hospitals or medical treatment facilities, have to abide by certain federal and New York state laws when attempting to collect medical debt from Long Island, New York residents.

     All of the laws that are available to consumers to help protect them from abusive debt collection tactics (such as the Fair Debt Collection Practices Act [FDCPA]), are also available to patients who have been subject to the same tactics by health care providers and their third-party medical debt collectors.

     If you are being harassed by a debt collector over unpaid medical bills, find out how we can help you here.

     Or, learn more about your rights as a consumer when it comes to medical debt and unpaid hospital bills by reading our Medical Debt Defense Articles.

Call us, right now, and an attorney will speak with you for free.


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