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    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #1

    Dec 20, 2007, 09:21 PM
    Adult medical guarantor
    Anybody,

    In an Emergency Room setting, must the adult patient sign the admission form to become the guarantor for services rendered, or can he or she become guarantor simply by his or her presence.

    Richl
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 21, 2007, 06:05 AM
    Hello richl:

    Nobody is nothing just because they're THERE. Tell us what happened, and we'll tell you what to do.

    excon
    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #3

    Dec 21, 2007, 08:39 AM
    Ex,

    I already lost my case in Superior Court. I was trying to get the collections agency contract vacated on the grounds that the hospital, who had admittedly lost most of the paperwork, did not have a valid guarantor or a medical services authorization. An office chick testified that no signed commitment was required of the guarantor. The judge bought it. The treatment authorization issue was allowed to go quietly into the night.

    I'm not able to take this to appeal, but I was just wondering if I got hosed or not.

    Richl
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Dec 21, 2007, 08:50 AM
    Hello again, richl:

    That kind of legal nuance is beyond most people here. It's certainly beyond me.

    If a judge, who heard her testify, and who heard you cross examine her, decided that what she said goes, who am I to argue with him?

    I don't think you got hosed. I think you just lost. None of us win all the time, including me.

    excon
    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #5

    Dec 21, 2007, 08:57 AM
    Ex,

    I understand, a decision is a decision. I was just wondering if there is any case law regarding establishment of a guarantor (adult and functional) in a hospital ER environment.

    Richl
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Dec 21, 2007, 09:08 AM
    Hello again, richl:

    There certainly might be. But, like I said, case law is beyond my expertise.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Dec 21, 2007, 04:45 PM
    Quote Originally Posted by richl
    Ex,

    I understand, a decision is a decision. I was just wondering if there is any case law regarding establishment of a guarantor (adult and functional) in a hospital ER environment.

    Richl

    Assuming you are talking State Court you would have to research laws in your State - what State?

    Undoubtedly the Court made its decision based on case law but you can always check -
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Dec 21, 2007, 05:16 PM
    You are found on the roadway, bearly breathing, and not awake, they rush you to the hospital, you wake up a week latter,
    Guess what you are going to owe them the hospital bill.

    Part of a contract is acting on it, your actions of going to the hospital and being treated is a action on your behalf that you have agreed to pay them.
    A contact can be valid by acting upon it, even if not signed.

    And to be honest, why don't you want to pay them?? You wanted the treatment when you needed it?? It appears you are looking for loopholes that are not there in law to get out of paying
    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #9

    Dec 21, 2007, 07:44 PM
    Fr. Chuck,

    I'm in California.

    The visit was only to obtain a prescription drug (Prednisone) in an out-of-town and out-of-drug situation.

    $3200.00

    Paid with credit card. Hospital lost most of the file. Sent the file to collections almost immediately. Collections made contact five months later (seasoning the account) and refused to send it back to the hospital.

    All I wanted was for the court to vacate the collections contract and let me hammer it out with the hospital.

    I'm not a total dork.

    Richl
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Dec 22, 2007, 05:02 AM
    Quote Originally Posted by richl
    Fr. Chuck,

    I'm in California.

    The visit was only to obtain a prescription drug (Prednisone) in an out-of-town and out-of-drug situation.

    $3200.00

    Paid with credit card. Hospital lost most of the file. Sent the file to collections almost immediately. Collections made contact five months later (seasoning the account) and refused to send it back to the hospital.

    All I wanted was for the court to vacate the collections contract and let me hammer it out with the hospital.

    I'm not a total dork.

    Richl

    $3,200 for a visit to an ER, presumably in and out, nothing more or less - ? Did you pay it by credit card and then cancel the charge? Otherwise I don't understand how you're in a collection situation. Where I live you sign that you will pay before you are seen, assuming you are able to walk into the hospital. I think they would claim they rendered and you accepted the services and when you filled the prescription/accepted the medication you sealed the "contract."

    I don't know what you mean by the collections contract - could you explain a little bit more?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    Dec 22, 2007, 08:42 AM
    Yes, even in California, it is not 3200 for a ER visit, something missing,
    And if you paid by credit card you would have proof you paid
    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #12

    Dec 22, 2007, 02:36 PM
    FR_Chuck,

    I was in collections because they lost most of the file including my son's credit card info. I thought it was paid so I didn't check on it. Seven months later the bill collector operating on some contract or instrument went after and sued me.

    Your're right, they and the judge saw that accepting the service was a contract with the hospital, hence a transferable debt.

    Most expensive bottle of Prednisone I ever saw.

    Richl
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Dec 23, 2007, 07:55 AM
    [QUOTE=richl]FR_Chuck,

    I was in collections because they lost most of the file including my son's credit card info. I thought it was paid so I didn't check on it. Seven months later the bill collector operating on some contract or instrument went after and sued me.

    Your're right, they and the judge saw that accepting the service was a contract with the hospital, hence a transferable debt.

    Most expensive bottle of Prednisone I ever saw.


    Can you break down the $3,200 charge?
    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #14

    Dec 23, 2007, 10:22 AM
    JudyKayTee,

    I don't have the charges in front of me, but it goes something like this.

    1400+ "Comprehensive" medical evaluation
    400+ confermation of diagnosis
    800 two X-rays
    the rest is oral, inhalant and injected meds

    We asked for 60mg Prednisone. I know they have to do a little checking, but wow.

    We walked out the door with a prescription for Prednisone.

    Richl
    richl's Avatar
    richl Posts: 19, Reputation: 1
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    #15

    Dec 23, 2007, 10:25 AM
    JudyKayTee,

    Confirmation, my bad.

    By the way I'm just venting. It seems to be too late to do anything.

    Richl
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #16

    Dec 23, 2007, 10:39 AM
    [QUOTE=richl]JudyKayTee,

    I don't have the charges in front of me, but it goes something like this.

    1400+ "Comprehensive" medical evaluation
    400+ confirmation of diagnosis
    800 two X-rays
    the rest is oral, inhalant and injected meds

    We asked for 60mg Prednisone. I know they have to do a little checking, but wow.

    We walked out the door with a prescription for Prednisone.



    WOW! I'm stunned - I know it can happen (the high charges) and I know prednisone can be dangerous and tests have to be run but, again, WOW! Well, I guess it costs what it costs.

    There was no health insurance at play here?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #17

    Dec 23, 2007, 03:34 PM
    Yes that is extreme, but then thinking back my last ER visit, was about 2500 for about 3 hours, a couple x-rays and a prescription, ( they did not even give me any medication to take home)

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