Bakersfield Heart Hospital Sued for Balanced Billing

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) October 8, 2009 --

A class action lawsuit was recently filed against Bakersfield Heart Hospital (BHH) for billing practices that allegedly violate California law. The suit, brought in the Superior Court of the State California for Kern County, alleges that BHH “balance billed” its insured patients for emergency care services. Balance billing occurs when a hospital charges a patient who receives emergency care services the outstanding amount not paid by the patient’s health insurance carrier. The plaintiff in the BHH case seeks relief because this practice violates California’s Knox-Keene Health Care Service Plan Act of 1975, Health & Safety Code, §§ 1340, et seq. and parallel California state regulations barring balance billing.

The lead plaintiff, Meade Hallock received emergency care at BHH. Afterwards, Hallock received a bill from BHH for $33,771.48 that stated that “[y]our insurance company has paid its portion of your account balance. The remaining balance is your responsibility. Please remit payment in full within 30 days of receipt of this notice.”

The suit alleges that BHH continues to balance bill patients in violation of state health codes providing that emergency health care providers may bill health insurers for the emergency services provided to insured patients, but may not directly bill insured patients who have received emergency health care services.

“California law removes patients from billing disputes between insurers and emergency care providers because patients, among other things, usually have little basis by which to determine whether a given emergency health services hospital bill is actually reasonable. As we allege in the complaint, BHH has acted wrongfully in collecting substantial funds through its unlawful and ongoing practice of balance billing its emergency care patients,” said Garrett Wotkyns of Schneider Wallace Cottrell Brayton Konecky LLP.

Attorneys prosecuting the alleged billing law violations are from Schneider Wallace Cottrell Brayton Konecky LLP, Bailey & Glasser LLP and Colling Gibert Wright & Carter. Individuals with insurance coverage who received emergency medical services from California hospitals at any time during the past four years and from whom the hospitals collected payment for such services to cover the amount not paid by the insurance carrier are potentially members of the collective action lawsuit and can join or obtain additional information by calling 415.421.7100 or visiting www.schneiderwallace.com.

Schneider Wallace Cottrell Brayton Konecky LLP represents workers and consumers in class action litigation matters around the country. For 15 years, the firm’s attorneys have handled matters involving workplace benefits, disability rights, employment discrimination issues and consumer rights. On the Web: www.schneiderwallace.com

Balance Billing     class action     Schneider Wallace