Are charges for medical services performed prior to the adoption of Ark. Stat . Ann. 37-245 (Supp. 1983) limited to the 18 month statute of limitations per iod set out by that Act? 16-56-106 No. 16-56-105

STATE OF ARKANSAS OFFICE OF THE ATTORNEY. GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK (501) 371-2007 ATTORNEY GENERAL February 20, 1985 OPINION NO. 85-53 Honorable Jay Bradford Senator, 28th District P. O. Box 8367 Pine Bluff, Arkansas 71611 Dear Senator: This is in response to your request for an opinion on the following question: Are charges for medical services performed prior to the adoption of Ark. Stat. Ann. §37-245 (Supp. 1983) (Act 638 of 1983) limited to the 18 month Statute of limitations period set out by that Act? Briefly the answer is no. Actions for the collection of charges for medical servi~ ces (debts) which were supplied prior to the passage of Ark. Stat. Ann. §37-245 would be limited by Ark. Stat. Ann. §37-206 {Repl. 1962) which sets a three year Statute of limitation for contracts not in writing. Accordingly, an action for collection of charges for medical services provided prior to the passage of §37-245 would have to be commenced within three years after the service was provided by the physician. The foregoing opinion, which I. hereby approve, was pre- pared by Matthew Wood Fleming, Assistant Attorney General. Very truly yours, STEVE CLARK Attorney General SC:MWF:sc