Yes, a hospital can eventually attach your property or bank accounts, but only after taking legal action like suing you, obtaining a court judgment, and then using that judgment to place a lien or garnish your accounts
. This is a lengthy process, and you have rights and protections along the way, such as the right to deny care in the ER under the Emergency Medical Treatment and Active Labor Act (EMTALA).
How debt collection can escalate
Initial billing and collection: After your bill is past due, a hospital can send the debt to a collection agency.
Lawsuit and judgment: The hospital or collection agency can sue you for the amount owed. If you don't respond or settle, they may obtain a court judgment against you.
Garnishment: With a court judgment, a hospital can get a court order to garnish your wages or attach your bank account to satisfy the debt.
Liens: A hospital can place a lien on your property, like your home. This doesn't mean they can take it immediately, but it can complicate the sale or refinancing of your home until the debt is paid.
Your rights and protections
Right to emergency care: A hospital cannot deny you emergency care, regardless of your ability to pay, due to the Emergency Medical Treatment and Active Labor Act (EMTALA).
Right to financial assistance: Non-profit hospitals must make a "reasonable effort" to determine if you qualify for financial assistance before they can take serious collection actions.
Right to dispute the debt: You can ask a debt collector to verify the debt is yours.
Exempt funds: Certain funds, like Social Security, veteran's benefits, and some other retirement/public assistance accounts, may be protected from garnishment by federal law.
What you can do
Communicate: Contact the hospital's billing department before the debt goes to a collections agency to work out a payment plan or financial assistance options.
Know your rights: Be aware of the collection practices that debt collectors are allowed to use.
Document everything: Keep records of all payments and communication with the hospital and collection agencies.
Seek help: If you are facing aggressive collection practices, consider seeking legal advice or contacting a consumer protection agency.
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