Accord and satisfaction is a method of discharging a claim whereby the parties agree to give and accept something in settlement of the claim and perform the agreement. Accord is the agreement and satisfaction is its execution or performance.
A contract is usually discharged by performance of the terms of the agreement. However, the parties may agree to a different performance. This is called an accord. When the accord is performed, this is called an accord and satisfaction. The original obligation is discharged.
In order for there to be an accord and satisfaction, there must be
(1) a bona fide dispute;
(2) an agreement to settle the dispute; and
(3) the performance of the agreement.
A settlement in which one party promises to forego an undisputed, liquidated claim in exchange for a promise to perform, or the performance of, a pre-existing duty will not be held to be enforceable by many courts, because of the absence of consideration. However, the promise to perform, or the performance of, anything slightly different from the pre-existing duty is sufficient consideration to support a promise to forego the claim. When a claim is disputed in good faith, or when an undisputed claim is unliquidated (the amount owed has not been determined), a settlement of such a claim is clearly enforceable.
The Nassau New York Agreement for Accord and Satisfaction of an Undisputed Hospital Claim is a legally binding document that outlines the terms and conditions for resolving an undisputed hospital claim in Nassau County, New York. This agreement is designed to ensure a fair and amicable resolution between the hospital and the claimant, providing a mutually acceptable solution without the need for litigation. The purpose of the Nassau New York Agreement is to establish a framework for settling hospital claims efficiently, effectively, and promptly, saving both parties valuable time, resources, and costs associated with lengthy legal proceedings. By reaching an accord and satisfaction, the hospital can recover payment for services rendered, while the claimant can resolve their outstanding medical bills or disputes. Under the Nassau New York Agreement, the parties involved must first establish that the claim is undisputed, meaning both the hospital and the claimant agree on the validity of the claim, the services provided, and the amount owed. Once this agreement is achieved, the next step is to negotiate an acceptable resolution. The agreement may consist of various types, depending on the specific circumstances of the claim. Some examples may include the following: 1. Lump Sum Payment Agreement: In this type of accord and satisfaction, the claimant agrees to make a one-time payment to the hospital for the full or a negotiated portion of the outstanding balance. Upon receipt of payment, the hospital declares the claim fully settled and agrees not to pursue further legal action. 2. Installment Agreement: This type of agreement allows the claimant to pay the hospital in regular installments, typically over an agreed-upon timeframe. The payment plan is established according to the claimant's financial capabilities, ensuring the outstanding balance is gradually repaid until the claim is considered satisfied. 3. Medical Bill Reduction Agreement: In some cases, the Nassau New York Agreement may involve negotiating a reduction in the total amount owed. This can be based on financial hardship, insurance coverage limitations, or other valid reasons presented by the claimant. Once a reduced amount is agreed upon, the claimant can pay the adjusted balance, and the hospital considers the claim satisfied. Overall, the Nassau New York Agreement for Accord and Satisfaction of an Undisputed Hospital Claim allows parties to resolve their disputes and move forward without the need for litigation. By reaching a fair and mutually acceptable resolution, both the hospital and the claimant can avoid the expenses, delays, and uncertainties associated with a court proceeding, ultimately benefiting all parties involved.The Nassau New York Agreement for Accord and Satisfaction of an Undisputed Hospital Claim is a legally binding document that outlines the terms and conditions for resolving an undisputed hospital claim in Nassau County, New York. This agreement is designed to ensure a fair and amicable resolution between the hospital and the claimant, providing a mutually acceptable solution without the need for litigation. The purpose of the Nassau New York Agreement is to establish a framework for settling hospital claims efficiently, effectively, and promptly, saving both parties valuable time, resources, and costs associated with lengthy legal proceedings. By reaching an accord and satisfaction, the hospital can recover payment for services rendered, while the claimant can resolve their outstanding medical bills or disputes. Under the Nassau New York Agreement, the parties involved must first establish that the claim is undisputed, meaning both the hospital and the claimant agree on the validity of the claim, the services provided, and the amount owed. Once this agreement is achieved, the next step is to negotiate an acceptable resolution. The agreement may consist of various types, depending on the specific circumstances of the claim. Some examples may include the following: 1. Lump Sum Payment Agreement: In this type of accord and satisfaction, the claimant agrees to make a one-time payment to the hospital for the full or a negotiated portion of the outstanding balance. Upon receipt of payment, the hospital declares the claim fully settled and agrees not to pursue further legal action. 2. Installment Agreement: This type of agreement allows the claimant to pay the hospital in regular installments, typically over an agreed-upon timeframe. The payment plan is established according to the claimant's financial capabilities, ensuring the outstanding balance is gradually repaid until the claim is considered satisfied. 3. Medical Bill Reduction Agreement: In some cases, the Nassau New York Agreement may involve negotiating a reduction in the total amount owed. This can be based on financial hardship, insurance coverage limitations, or other valid reasons presented by the claimant. Once a reduced amount is agreed upon, the claimant can pay the adjusted balance, and the hospital considers the claim satisfied. Overall, the Nassau New York Agreement for Accord and Satisfaction of an Undisputed Hospital Claim allows parties to resolve their disputes and move forward without the need for litigation. By reaching a fair and mutually acceptable resolution, both the hospital and the claimant can avoid the expenses, delays, and uncertainties associated with a court proceeding, ultimately benefiting all parties involved.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
