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Charged for tests i didn't want

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mc2math

Junior Member
What is the name of your state? California

About a month ago I was brought to the emergency room by the police, under my own free will for questioning. The police and the fire department then determined that there was nothing wrong and told me that I could leave. One of the staff members at the hospital told me to sign authorization for medical treatment, which I denied. I told the staff member that "I did not need treatment". I had no life-threatening condition.

The doctor at the emergency room asked me if i had taken any alcohol or drugs - I told him I didn't (which I did not). I told him I was going to leave the hospital. He then told me that I could not leave and he was placing me on a 8 hour "legal hold", to have me checked out with a psychologist. He told me it was "non-negotiable" and forced me to take a blood alcohol test, and a urine drug test - he told me "Only if I did what he said would I be allowed to leave". I told him I wasn't on alcohol or drugs again, and he just left.

At 3am the psychologist checked me out okay and I was allowed to leave. I signed discharge papers for the nurse (according to her "it was the only way I could leave"), and asked her if I was going to be billed for anything. She told me no, it'd probably be state paid since they didn't even take my insurance information.

A week later I recieved an 800$ bill for emergency room use and the two drug and urine tests. The tests make up 600$ of the bill. My question is if the hospital has any legal right to bill me, as I did not want or request the tests, and the doctor should have taken my word - he didn't bother checking my physical condition or anything else - he just simply ordered tests.
 
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MedLegalNrs

Junior Member
Re: charged for tests...

Being an ER RN for over 28 years, I sense there is a whole lot more to your story than has been relayed.

Firstly, no police officer nor fire department personnel in their right mind, once delivering a patient to the ER, is going to tell that patient, "OK. There's nothing wrong with you. You can leave." Any police officer or fire department personnel with any degree of training understands they cannot do that once the patient is "surrendered" for medical care to hospital personnel.

As to refusing to sign authorization for treatment? It is within a patients right to consent or not consent, and, as long as that patient is deemed to be medically and psychologically competent, they have the right to refuse treatment and leave. Determining if the patient is medically and/or psychologically competent is up to the ER MD. In order to prove that the patient is medically competent, an initial history and physical is done, during which time, the ERMD will decide if the patient has any indication of suicidal ideation or other components which would be better assessed by a psychiatrist or psych RN. Prior to this psych eval being done, the patient, in accordance with regulations, must be medically cleared first. Included in this medical clearance, aside from what has already been mentioned above, a urine drug screen and blood alcohol level is done. Some facilities add blood drug screen, too. If the results of those tests are negative, the psych evaluator is requested to come see and evaluate the patient for either,
1) 72hr. involuntary hold to a psych facility
2) voluntary admission to a psych facility
3) discharge home with instructions to follow up as an outpatient.

Once the patient is placed on a 72 hr. hold, if necessary, the patient can be placed in restraints to ensure their safety as they are not allowed to leave. If necessary, hospital security staff are used to enforce a "no-leave" policy. Also, should the patient elope, the police are called and the patient is reported as being on a hold. Frequently, the patient is located and brought back to the ER.

I wish to clarify that ERMD's are not allowed to place anyone on a 72hr hold. The state of California has specific guidelines about who is and is not qualified to do the appropriate assessment. ERMD's do not fall under the special category of "psych evaluators" but the police do. Frequently, when we've had a patient deemed to be a danger to self or others, we call the local police department and they will send someone to place the patient on a hold while we do those tests required for clearance.

Telling a lucid, non-suicidal patient they cannot leave unless they abide by the will of the MD is known as false imprisonment. Likewise, forcing this type of a patient to submit to blood withdrawal or any test against his will is battery. Both are grounds for a criminal complaint with the district attorney's office and the medical licensing board.

As with signing for authorization for treatment, a patient is not compelled to sign any discharge papers and may leave of his own volition without doing so. The state does not "pick up the bill" for emergency care for any of its citizens. In situations where a person has been the victim of crime, some county jurisdictions have arrangements to cover the expense of emergency medical care to those persons who are victims of crime. General insurance information is always obtained just in case as the hospital bill is ultimately the responsibility of the individual seeking care. We do not do 3rd party billing; i.e., a person hits your car, you're injured, they want the bill sent to them. These types of arrangements are left to both the patient and the driver of the other vehicle but the bill is still sent to the person who received the care. This is similar to what happens to victims of crime. There is a Victims Compensation Fund that is state owned and directed with exact amounts that are paid for reimbursement of medical bills. Perhaps, this is what the ER nurse was referring to, albeit, misdirected.

The hospital sends the bill to the person who presents for medical care. The hospital performed a service, therefore, they have the right to bill for that service. You have the right to contest that bill and anything else you wish. If you have any qualms about it, contact the business office of the facility and contest it. If necessary, call and ask to speak with the hospital administrator. I would suggest that you speak with the business office first. If you do not receive resolution, write a letter to the hospital administrator. If you still do not receive resolution, you may have to speak to an attorney to clarify what your rights are under these specific circumstances.

I wish you luck.
 

mc2math

Junior Member
Is it really false imprisonement for the ermd to tell me i can't leave the hospital and that it is non-negotiable? it seemed that all the er rns understood that this was law, so did they all lie to me? They had an hospital security officer watch me, and I felt as if I was imprisoned. I requested to leave AMA, but they kept on telling me "NON-NEGOTIABLE". The police had all left several hours earlier.

The police officer told me that "we're not holding you for anything, and we don't care if you leave".
 

mc2math

Junior Member
I just called the hospital, and they told me the ER MD is legally allowed to put me on a 8 Hour "Medical Hold" ... the only problem I see with this is... I don't even think the ER MD made a diagnosis before putting me on the hold.
 

ellencee

Senior Member
mc2math said:
Is it really false imprisonement for the ermd to tell me i can't leave the hospital and that it is non-negotiable? it seemed that all the er rns understood that this was law, so did they all lie to me? They had an hospital security officer watch me, and I felt as if I was imprisoned. I requested to leave AMA, but they kept on telling me "NON-NEGOTIABLE". The police had all left several hours earlier.

The police officer told me that "we're not holding you for anything, and we don't care if you leave".
Now that you're not doing alcohol or drugs, you noticed the hospital sent you a bill and actually opened the envelope and found a bill. I noticed something, too...
I told him I wasn't on alcohol or drugs again
EC
 

mc2math

Junior Member
ellencee said:
Now that you're not doing alcohol or drugs, you noticed the hospital sent you a bill and actually opened the envelope and found a bill. I noticed something, too...
EC
Please don't overread ambigous sentences, I already have stated that I have never taken alcohol or drugs (in my life). I meant to say, I told him [again] that I did not take alcohol or drugs.

your post doesn't make much sense to me. by the way, the results of the test were 100% negative. (obviously). Now my question really is if the doctor was allowed to force me to take tests during this 8 hour hold, which apparently is allowed at the er. Some... sort of medical hold. Or if he was actually allowed to place the hold in the first place. I requested to leave AMA before the hold was placed... actually it was more like ... i requested to leave, and then the doctor placed the hold.
 

justalayman

Senior Member
Just kind of curious here and it might help some of these folks that have been so good as to offer the aid.....

Why did the police take you to the hospital?
 

mc2math

Junior Member
justalayman said:
Just kind of curious here and it might help some of these folks that have been so good as to offer the aid.....

Why did the police take you to the hospital?
I reported a false emergency and told the officer that when I got to the hospital. I don't really want to go into the details on why I reported it, but it was a non-life threatening type.
 

justalayman

Senior Member
mc2math said:
I reported a false emergency and told the officer that when I got to the hospital. I don't really want to go into the details on why I reported it, but it was a non-life threatening type.
That doesn't answer the question and it is easy for me to see a possibility where a person that claimed to have OD'd trying to commit suicide would be in this situation. If you would like these folks to really give you any advice that is worth anything you need to give pertinent info.
 

mc2math

Junior Member
There was no suicide involved, didn't claim suicide, told the md i was non-suicidal. No, the emergency did not have anything to do with suicides or drugs. I told the police I was "kidnapped", but I was not. Does that answer your questions?
 

justalayman

Senior Member
Actually no it doesn't. It still doesn't answer why you were taken to the hospital. I suspect there is something you don't want to tell that may have a bearing on why you were held. If you don't want to tell, that's fine but without all pertinent facts any answer would be just guesses.
BTW are you male or female.....it would make a diff in certain "situations" concerning a kidnapping that the docs would want to observe you. Age could also be a consideration in their decision.
If you don't want to get into it, that's fine. From what medlegalnrs stated earlier you may have a complaint IF certain situations were involved so the best advice is: to keep things private you should probably contact an attorney in your area to speak with. Other than that speaking with the patient account manager at the hospital may give you some answers.
 

mc2math

Junior Member
i'm a male so i don't think that has much of a bearing, however the reason i was brought to the hospital was because i said that the "kidnapper" might have done something to me. I told the officer that came that it was all a lie, and was released from police custody then.
 

justalayman

Senior Member
Well you've stumped me. I would call the hospital back and ask them why the "8 hour hold" was considered necessary. I wouldn't imagine they could apply something of this type without some justification. So unless they can justify their "hold" to your satisfaction, contest the charges.

A note here though. If you had told the police you had been kidnapped they probably felt there was some psychological problems that they needed to observe you for. If the police filed no charges against you I tend to think that reinforces that position.
 

BelizeBreeze

Senior Member
This is the same kid that is asking what violation of law did the university commit when they shared information with his high school.

There is MUCH more going on here than we are being told.

So, MC, until you come back with FULL FACTS, you get nothing. I suspect that you are playing a game here (that's a nice way of saying LYING) and not being honest.
 

rmet4nzkx

Senior Member
BelizeBreeze said:
This is the same kid that is asking what violation of law did the university commit when they shared information with his high school.

There is MUCH more going on here than we are being told.

So, MC, until you come back with FULL FACTS, you get nothing. I suspect that you are playing a game here (that's a nice way of saying LYING) and not being honest.
Interesting, OP has 3 threads started, the other 2 https://forum.freeadvice.com/showthread.php?t=295918 https://forum.freeadvice.com/showthread.php?t=295915
Start out with a brief statement of facts and a question, none of the "facts" seem plausible. The other thread was the one about being parked on the wrong side of the street. Painfully OP provides additional facts, Here OP has made a false police report of kidnapping, is transported to the hospital with the knowledge that the report is false and supposedly told by the police officer that he can go there is nothing wrong with him afgter being taken to the hospital? The Hospital put him on a medical hold while they verify he is clear of alcohol and drugs? NO beer in the system of a young male college student?

Perhaps there are case studies? Homework questions, because life doesn't work this way.
 
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