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During this week’s Research Assistant Peer Group call, a member raised an interesting issue involving medical accounts where minors were listed as guarantors with no parent identified on the account.
The discussion quickly became more complicated:
- Can a minor legally be responsible?
- If the patient is now an adult, can collection begin?
- Does state law allow the minor to consent to treatment?
- Should collection activity occur at all?
Start With the History
Before taking action, review:
- Prior collection activity
- Provider notes
- Any communication with parents or guardians
- Whether improper collection efforts already occurred
Inherited problems do not disappear simply because the account changed hands.
State Law and Provider Type Matter
The analysis may depend on:
- The patient’s age at treatment
- Whether treatment was emergent
- Whether the patient could legally consent
- Medicaid or ward-of-the-state involvement
- Whether the provider is subject to IRS 501(r)
Most states allow minors to disaffirm debts upon reaching adulthood, though exceptions may exist for certain medical services.
Final Thought
There is rarely a simple answer when minors are tied to medical debt. Agencies should slow down, review the facts carefully, and ensure state law and provider obligations are fully understood before collection activity begins.
Next week, we’ll move beyond the legal questions and discuss the operational side of these accounts, how to identify the responsible party, what records to review, and what agencies should do when the answer is still unclear.
Recent RA Newsletters:
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- Have topics you want to discuss during the peer call? Please send them to Sara_Consultant@roundtables.us by Thursday to ensure it makes it on our agenda!
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