New York, NY asked in Insurance Bad Faith for New York

Q: Can my old insurance charge me for medications they paid for after I lost coverage?

I am on a monthly medication paid for by my insurance, I switched jobs and thus got new insurance, but the pharmacy kept billing the old insurance.

The old insurance continued paying for my medications for 5 months. Now they're charging me a hefty ammount for the months they paid for after my coverage finished.

Do they have any legal grounds to do this? It was their mistake after all right? At this point, they hired a collection agency and I am wondering if I should just pay. Any advice would be greatly appreciated.

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1 Lawyer Answer

A: I'm sorry you find yourself at the end of a collection action with the medications. It's difficult to comment definitively on your position without seeing the terms of the policy and other paperwork. However, it sounds like they may be relying on the position that the patient has a responsibility to keep medical providers apprised of changes in their insurance coverage. In terms of your question about just paying, that could be an individual decision based on the amount being pursued by the collection agency and the cost of a possible consult with a collection defense attorney. Good luck

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