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  #1  
Old 05-19-2003, 12:53 AM
bearcat999
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Posts: n/a
Angry

Unconscionable Contract


What is the name of your state?

I live in Washington DC

I am a disabled man. I have Medicare and Medicaid. I used a federal-government-issued directory of providers to locate a physician. I called to make an appointment, and asked if the physican accepted my insurance as complete payment. I was told "yes", and made the appointment.

When I arrived, I had a document pushed at me. The intake secretary wanted me to sign in a hurry. When I read it carefully, she told me that it was "just a form consenting to be treated". She lied.

The form stated various things, including:

By signing this, you agree: to pay the bill if your insurance won't; to pay the bill within 30 days of our sending it to you; to pay both the bill and all legal expenses if we have to sue you.

I refused to sign, and they refused to treat me, despite the fact that they admitted that my insurance had already confirmed that I am covered completely.

This has happened, with slight variations, many times.

I am interested to know what cause of action I can bring, what remedies I am entitled to, and any case law to support me. I am thinking breach of contract, fraud, discrimination, false advertising.

I am not interested in hearing from any idiots or time-wasters. If you have nothing constructive to say, shut up. I am not interested in being told I have no recourse. Any loser could say that. I am looking for a practical means of attack, even if all you say is that I have to try to get some new legislation enacted.

If you choose to reply, please state your area of expertise. Thank you.
  #2  
Old 05-19-2003, 01:18 AM
Senior Member
 
Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
My response:

You have no recourse.

The hospital needs to protect itself in the event your insurance company decides, for whatever reason, not to pay. It happens, and what they're asking you to sign is a "protective measure."

Also, the form is a "consent to treatment" form. So, without your signature, they're not going to touch you.

Legislation is already in place, and it's worked for years and years. If you don't like the rules of the hospital, you're free to go anywhere else you like.

IAAL
  #3  
Old 05-19-2003, 06:22 PM
JackSchroder
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Posts: n/a
Does your County have a County Hospital? Have you tried them? This is not a time to be proud. Medicaid is there to help you. You just have to find the place that will accept you, and your county hospital is the place that should. Your County Hospital can and will send their charges to Medicaid.
I'm sorry, I didn't notice that you are in D.C. Is a County Hospital available? Or some similar hospital that does take in people unable to pay? How about a local medical school? Is there an organization that helps people with your disability? You can't just stop without trying all your possible avenues. Private doctors are usually a poor source of help. They expect to be paid. If you get help nowhere else, you should be able to find some help through the Welfare Department

Last edited by JackSchroder; 05-19-2003 at 06:31 PM.
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