HCA battle over ER bills in Florida continues

A federal appeals court has revived a class-action lawsuit alleging three Florida hospitals owned by Nashville, Tenn.-based HCA Holdings overcharged automobile accident victims for emergency radiological services, reports Bloomberg BNA.

At a hearing April 26, the U.S. Court of Appeals for the Eleventh Circuit ruled a federal district court was wrong to deny the suit class-action certification last year.

According to Bloomberg BNA, "class certification is appropriate when questions of law or fact common to the class members predominate over questions that affect only individuals." In its opinion, the appeals court said that it is possible to determine HCA's emergency rates to personal injury protection covered patients are unreasonable across the board despite differences in hospitals or patients.

Below are three things to know about the lawsuit.

1. The case centers on two Florida patients who had PIP coverage, which provides up to $10,000 in medical coverage for injured motor vehicle drivers. Once an insurer pays the policy limit, the insured becomes responsible for any outstanding expenses.

2. According to the compliant, plaintiffs accused three Florida hospitals — JFK Medical Center in Atlantis, Memorial Hospital in Jacksonville and North Florida Regional Medical Center in Gainsville — of charging patients for emergency radiological services at rates nearly 65 times more than what Medicare pays. By doing so, plaintiffs alleged the hospitals violated a Florida statute requiring hospitals charge a "reasonable amount" for services to patients with PIP coverage.

3. One of the two plaintiffs, Marisela Herrera, was charged nearly $18,000 by JFK Medical Center for CT scans and X-rays after an accident in April 2013, according to Tampa Bay Times. Ms. Herrera is responsible for $8,000 after her insurance paid. The other plaintiff, Luz Sanchez, was billed $14,500 by the same hospital, and saddled with $4,500 in remaining medical bills.

 

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