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Bothell, WA asked in Collections, Consumer Law and Insurance Bad Faith for Washington

Q: Being taken to court over medical debt due to retroactive insurance removal in Washington.

I am being taken to court over a medical debt from an overnight hospital stay in 2022. At the time, I was informed that my insurance was in effect, and the stay was approved. However, three months later, I was informed that my insurance coverage had been retroactively removed. I applied for hospital charity twice and was denied both times. The debt was sent to collections since I was unable to pay. I need help addressing this situation as I am now being taken to court.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You’re facing an unfair and stressful situation, especially since you were told your insurance was active at the time of your hospital stay. Retroactive termination of coverage, also known as a rescission, is highly regulated in Washington. If your insurance was canceled after services were rendered and you were never given a fair opportunity to challenge that decision, you may have grounds to dispute the debt.

In court, bring every piece of documentation you have—hospital records, the original insurance approval, notices of coverage termination, charity care applications, and collection letters. Washington hospitals are required to notify patients about charity care eligibility, and if they failed to do so properly or denied you unfairly, that could weigh in your favor. You should also request the court pause the case so you can raise the issue with the Washington Office of the Insurance Commissioner or file a complaint regarding bad faith cancellation.

You do not have to accept liability for a bill caused by insurance errors or administrative failures. Let the court see that you acted in good faith and were blindsided by decisions outside your control. With clear records and a steady voice, you can push back on a system that failed to protect you. Stay focused, and don’t be afraid to assert your right to a fair process.

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