Hospital Price Gouging

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bill2high

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Good Day,
My wife and I have no health insurance. We have had it, but after rising premiums and less coverage, and refusal to honor claims; I cancelled it. We got pregnant and attempted to see obgyns in our area of our state. They asked for thousands of dollars up front for a checkup and reasoned that their insurance premiums per patient case were so high they needed large upfront payment and would schedule all visits up to the birth which was included in the bill. I was unable to raise the money and was refused a visit for an ultrasound. I asked how we could have the child in the local hospital if I was refused service by the obgyn. The obgyn's secretary told me to use the emergency room when contractions began. We did so.
This is very complicated. I brought my wife to the emergency room, signed an admission form (it may be a standard form, but I can enter it contents later). My wife was taken to the maternity ward and I and our toddler parked the vehicle and were shown to the room. This question will deal only with the billing part of the fiasco, but as stated earlier this is very complicated. Our child was born almost without the on call obgyn within three hours of admission. She excreted meconium (first poop) within twelve hours. In my experience that is all the pediatrician needs to wait for to discharge the infant after hearing and blood tests (which had been performed). The nurses told me that we must wait forty eight hours after the birth regardless of the infant's health and excretion. This definitely added to the cost of the visit. Growing weary with staying at the hospital for apparently no reason, tolerating the rudeness of the staff, and being visited only when another iron pill or saline bag was scanned or an over the counter product not requested was administered to my wife, I questioned another nurse why we could not leave. She told me that we had to await results of my wife's hep B test result and the in house lab would not perform the test until the next day as they only did the test on certain days. I request that they perform the test and alow us to leave. I requested that we be allowed to await the results in our home a few miles out and if the infant needed a vaccination (if my wife were positive) we would bring her back. The hospital and the pediatrician refused to discharge us. I told the nurse I was willing to remove my family from the hospital as I could not afford the cost of the room and they threatened to call the police and DHS. I called the police myself and the officer on duty said I would not be breaking any laws to remove the infant unless she would be placed in immediate danger by my taking her from the hospital. I called the state police child abuse hotline, but they were unable to answer my question. My wife was so stressed out I decided to leave it alone. We stayed another night. The infant was discharged by the pediatrician the next afternoon as the hep b test results were of course negative. We left the hospital and I awaited the bill.
What a story. The bills started coming. The hospital charged over 9000 USD on two accounts - the mother and the child. They sent a general statement with two account numbers and one payment stub. I called and requested an itemized statement and asked if the seperate accounts were to be paid with one check or two. I was told two seperate checks would be needed for each account. I inquired as to why there was only one payment stub with the mother's account number and no answer was provided. I got the itemized statement later and was shocked at the pricing. I have known for years hospitals charge exorbitant prices for products, but this was shocking. Most puzzling was a 3000 plus USD "delivery charge" charge which represented half of the mother's account. I asked the billing representative what the charge included. She said that she did not know specifically, but that I should call the nurses' audititor as it generally was charges the nurses reported to the nurse auditor. She had placed the responsibility of getting the itemized statement directly on me. The billing department refused to provide the full itemization of charges. I wrote a ten dollar check for each account and mailed them to the hospital. They cashed both checks. After two accepted payments, I was sent a letter of threat to be placed into collections. I ignored it and continued to make the ten dollar per account per month payment, as I had not yet received an itemized statement as per the conditions of admission. I received a call from the billing representative and was told the hospital might not continue to accept my ten dollar payments and I would be labeled as "bad debt" in their system. I had been threatened this way in our first conversation, before the first check had ever been mailed. I explained to the billing representative that I had not yet received the itemized statement the hospital is contractually obligated to provide. She said I had gotten it and I explained to her that the billing department is responsible to provide me with the statements, not tell me to get them on my own from other departments of the hospital. She is of course aware that the admission form allows thirty days after a request for an itemized statement for said statement to be provided. It has been well over thirty days. They may be in breach of contract and they may know it. I do not know for sure and will continue to pay my ten dollar checks until I get the itemization and am sure that I have not been billed fraudulently outright. There is no question of price gouging, but I do not know if that can be fought with any success legally. This is a small part of the problem with this hospital, but I want to be specific and get a little advice before searching for a trustworthy lawyer in my area and pursuing action against this hospital on a full scale for fraudulent billing and the obgyn and nursing staff for medical malpractice. This is my second child and this time it was a fiasco.
I apologize if this was drawn out, but I would like to be even more specific later if I have even sufficiently explained the situation this post to answer two short questions. First, if the hospital is accepting my ten dollar per account per month payments, can they place me in collections or begin to refuse to accept the payments and then place me in collections. Second, since the admissions form (the only "contract" I signed which has been referred to by billing individuals when discussing payments) states that "I understand that I am entitled to request and itemized statement of all services, drugs and supplies to be billed to the patient, and upon request, such statement will be furnished no later than thirty (30) days after the request is made." and the hospital has not honored this condition - are they in breach of contract and is this breach of contract actionable. There is no mention of minimum payment and the only other financial conditions are that the legal representative is responsible in the patient's stead, and that the undersigned agrees to pay the hospital its agents or assigns, the amount due on the account, including costs and attorneys fees if the claim is placed with attorneys for collection, and that such liability shall be joint and several. Thank you for your time and consideration.
 
1. Yes the hospital is absolutely allowed to send your account into collections even if you're paying a nominal - and let's face it that truly is a nominal - amount.

2. You're on the hook for the bill - and seriously, the amounts are NOT off the scale for an ER-admittance, birth and two-night stay.

With regards to breach of contract...you have no case. It will come down to their word against yours.

The medical malpractice..well, I see none at all based purely on what you've said here.

Sorry.
 
You should research the reason the hospital would not allow you to leave with your child against medical advice.
You will need legal assistance if you want to reduce this bill- you won't be able to make it go away.
 
Good Day,
Thanks for the honest reply. The medical malpractice part of the problem is another story involving the charge nurse stating the dilation was 4-5 centimeters, so the obgyn left the premises, then five to ten minutes later the birth occured while the obgyn was getting the gloves on. He was paged on the hospital system, but the assistant nurse came into the room panicked and was asking the charge nurse if they should call his cell phone. She screamed yes call his cell phone then was acting very angry. They yelled and screamed the entire time of the five minute birth and were completely unprepared. My wife requested an epidural for the pain, but as stated the obgyn left the premises when the misdiagnosed dilation was given. After the baby birthed herself and flopped out onto the bed, the obgyn finished putting on his gloves and picked her up and asked me if I wanted to cut the cord. After the baby was placed on the warming table, I saw the doctor very forcefully pressing my wifes belly. He said he wanted to feel the uterus firm up. This did not occur for our first child. The child was placed with the mother and we waited patiently for the contractions to begin for the birth of the placenta. This doctor forced the birth of the placenta and then was quickly on his way. My wife has had irregular bleeding for three months. I am torn about taking her to another obgyn in the same area who may be as unprofessional and careless as the one we had for the birth of our child. I will contact a lawyer in my are to find an obgyn that is trusted by the attorney. Hopefully no damage was done and my wife is okay.
With regards to my word versus theirs, I have the contract which does state the thirty day limit on furnishing the itemized statement of all services, drugs, and supplies. I have a partially itemized statement which proves date of the original request. I should soon have the statement showing what was not itemized the first try and the date of that statement will be more than thirty days after the request. All of the dates are recorded and they did not meet the conditions of their own contract. I do not want to let that one go if you can understand. I am not looking to get out of paying a bill as I did pay my bills for my first child and there were no problems. I am actually still paying the anesthesiology bill after a year and a half. They are not threatening to place me into collections.
I think the reason they did not itemize the delivery charge is because they are trying to charge for the epidural kit, which was not used nor the seal broken. I have video evidence of the epidural kit being intact. That is speculation, but I will see when they finally send the fully itemized bill. If they charge me for something that was never used, that should constitute fraud. Thank you for your time. I hope not to seem argumentative with someone from whom I am seeking advice. It is appreciated.
 
Good Day,
With regards to the reason the child would not be released to the custody of the parents, I have the stated reason the time the events took place. After the first poop, I told the nurse on duty the infant made a bm. She was unconcerned and just smiled and shook her head and continued sorting papers. I asked her if we could work on the discharge papers since the bm had occured. She said no that there was a 48 hour madatory stay. That was acceptable to me at the time, but I did fail to see why. People have home births. I wish we had. After 48 hours, I said I was taking the child home. That is when the "reason" for holding her longer was given. The lab is in the hospital and manned seven days per week. They told me the lab only does hep b tests on certain days and we had to stay there until the lab decided to do the hep b test for the mother - not the child. I told the nurse and she agreed the test would be negative. She said it was obvious the test would be negative, but it was not her call. The pediatrician had to discharge the infant and the head nurse had to talk to me about my questioning why the lab refused to do the test. The head nurse came in and told me that I would be breaking the law to remove my child from the hospital. I asked her if she was prepared to state the section and paragraph of Arkansas State Code or United States Code which prevented a parent from taking a healthy baby home to await the results of a blood test for the mother. She said the hospital lawyer would have to tell me that. I told her to get me the answer. My wife was very stressed by all the arguing and just being in this terrible place. She told me to leave it alone. I asked the head nurse for the codes the next day and if the hospital lawyer was going to provide them and she said DHS would send me a copy in the mail. She said she had DHS' answer there via fax, but I was supposedly getting a copy in the mail, so I did not ask for a copy on the spot. Nothing ever came in the mail from the DHS. No contact came from the lawyer. I had called the police the night before the 48 hour period expired and the officer on duty said he would keep the peace and escort me home with my child. I asked about the DHS side of it, he said to call the State Police Child Abuse Hotline. I did so and was referred to a DHS lawyer by the officer who answered the phone. They were not open until Monday and when I called the office on Monday the lawyer asked me if I waited until everything was official. I said yes. She said as an advocate for you I suggest not pursuing the DHS for answers. She did not know what laws I would have broken either. She just said not to involve the DHS.
I plan on hiring a lawyer about this as soon as I actually have the entire bill in hand. I am seeking legal advice and not just venting on this forum. I work away from home and this is extremely stressful. It feels like so called professionals have a feel for exploiting a customer's weak point and then squeezing them for all they are worth. I am sick of feeling exploited with no recourse. That is why I am preparing to seek legal help face to face by asking questions on this forum. Thank you for your time. I appreciate it.
 
The bottom line is - and yes, you're venting ;) - that your wife DID stay in the hospital for at least two nights and incurred those charges.

Frankly, I cannot see where you don't owe the money.

As far as medical malpractice, your wife would have to show permanent damages. I see none here.

By all means speak to some local attorneys who will guide you further.
 
Good Day,
Thanks again for your reply. I will speak to a local attorney face to face. It seems odd that old ladies can sue for millions for spilling hot coffee on themselves, (like that isn't an overused comparison) but a legitimate claim of fraudulent billing, breach of contract, and a doctor punching my wife in the gut repeatedly to force a placenta to birth does not even merit further investigation. Here is some venting, though. The slip and trip, finger in the chili, acid on the face, and hot coffee frivolous suits have something in common with each other that my complaint does not share. They all have nothing but time to pursue their cases while I as a working man barely have time to pay the bills and do my own taxes and hug and kiss the kids before missing them for months at a time just to give them food and shelter, much less pursue legal action against doctors who have relegated their prctice to business instead of medicine and show little care to help a human without massive profits being involved. I thought that phenomenon occurred only in the legal profession. ;) That is venting... on a galactical scale. I must agree that there is no way for me to properly lay out all the events and actually have my wife present to give her side to the attorney as well without being face to face. I will try to find the time to make things right in the end with legal council. I feel that I am right and the hospital and obgyn (for baby number two) are egregiously in the wrong. No problems at all with the first baby. No pattern here for difficulty with everyone who ever provided me a service. Hope the rant entertained, and I will check back for a reply, but will not take anymore of anyone's time online. The feedback and time is appreciated.
 
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