Negotiating Medical Bills: Steps to Try Before Considering Bankruptcy
By Bryan P. Keenan ยท May 9, 2023
When a large medical bill shows up, your first instinct might be panic. That is understandable. But before assuming the amount on that statement is final, know that medical bills are often negotiable. Hospitals, doctors, and even collection agencies have more flexibility than most patients realize.
As a bankruptcy attorney in Pittsburgh, I always tell clients to explore every option before filing. Sometimes negotiation and financial assistance programs can reduce your medical debt enough that bankruptcy is not necessary. Other times, the total is simply too high, and bankruptcy becomes the practical solution. Either way, knowing your options puts you in a stronger position.
Check the Bill for Errors First
Medical billing errors happen more often than you might think. Studies have estimated that a significant percentage of hospital bills contain mistakes, from duplicate charges to procedures billed at incorrect rates to services you never actually received.
Request an itemized bill from every provider, not just the summary statement. Go through each line. Look for charges that do not match the care you remember receiving. If you had insurance, compare the itemized bill against the explanation of benefits from your insurer. Any discrepancies are worth disputing.
Call the billing department and ask them to explain anything you do not understand. Keep notes on who you spoke with, when, and what they said. If they agree to correct errors, ask for written confirmation.
Ask About Financial Assistance Programs
Most hospitals, especially nonprofit hospitals, are required to offer charity care or financial assistance to patients who meet income guidelines. These programs can reduce your bill by 50 percent or more, and in some cases they write off the entire balance.
You typically need to fill out an application and provide proof of income. The income thresholds vary by hospital, but many programs cover patients earning up to 300 or even 400 percent of the federal poverty level. That includes a lot of working families who assume they make too much to qualify.
If you received care at a hospital in the Pittsburgh area, ask the billing department about their financial assistance policy. If they do not mention it, ask directly. They are required to tell you about it, but many patients never hear about these programs because they never ask.
Negotiate a Lower Total or Payment Plan
Even if you do not qualify for charity care, you can often negotiate the total amount. Medical providers would rather receive a reduced payment than send the account to collections, where they will recover even less. A common approach is to offer a lump sum payment at a discount. If your bill is $8,000, offering to pay $4,000 immediately may result in the provider accepting that as payment in full.
If a lump sum is not possible, ask for an interest-free payment plan. Many providers will set up monthly payments with no interest as long as you make the payments on time. Get any agreement in writing before you start paying.
When you negotiate, be honest about your financial situation. If you are choosing between paying the medical bill and paying rent, say so. Billing departments deal with people in financial distress every day, and a straightforward conversation usually produces better results than avoiding their calls.
What If the Debt Is Already in Collections
If your medical debt has been sold to a collection agency, you still have room to negotiate. Collection agencies purchase debt for a fraction of the original amount, sometimes as little as 10 to 20 cents on the dollar. That means they can accept a significantly reduced payment and still make a profit.
Before negotiating with a collector, request written verification of the debt. Under federal law, they must provide this. Once verified, you can offer a settlement amount. Get any agreement in writing before you pay, and make sure the agreement states the remaining balance will be reported as satisfied or settled.
Be aware that settled debt may have tax consequences. If a creditor forgives more than $600, they may report it as income to the IRS. However, if you were insolvent at the time of the settlement, meaning your debts exceeded your assets, you may be able to exclude that amount from your taxable income.
When Negotiation Is Not Enough
Sometimes the numbers just do not work. If you owe $40,000 in medical bills across multiple providers, have credit card debt on top of that, and your income barely covers monthly expenses, negotiating each bill individually is not going to solve the underlying problem.
That is when it makes sense to talk with a bankruptcy attorney about your situation. Both Chapter 7 and Chapter 13 can discharge medical debt entirely. The process also stops collection calls, lawsuits, and wage garnishments through the automatic stay.
There is no shame in filing bankruptcy because of medical bills. It is exactly the kind of situation the bankruptcy system was designed to address. You got sick or hurt, the bills exceeded what you could pay, and the law provides a way to move forward without being buried under that debt for the rest of your life.
If you are dealing with medical debt in the Pittsburgh area, whether it is $5,000 or $500,000, a conversation with our office can help you figure out which path forward makes the most sense for your specific situation.
Need Help With Your Debt? Contact Bryan P. Keenan & Associates for a free consultation. Call 412-923-4941 or send us a message.