ILNews

Judges rule against hospital in fee suit

Back to TopCommentsE-mailPrintBookmark and Share

Citing caselaw that goes back 120 years, the Indiana Court of Appeals reversed a Marion Superior judge’s dismissal of a complaint against a central Indiana hospital pursuant to Indiana Trial Rule 12(B)(6). The appellate court held that the plaintiffs’ complaint, which challenged the reasonableness of the fees the hospital charged the uninsured patients, states a claim for breach of contract.

Abby Allen and Walter Moore filed a lawsuit against Clarian Health Partners claiming Clarian breached its contract with them and other uninsured recipients by charging them unreasonable fees after receiving medical treatment at a Clarian medical center in Carmel. Before they were treated, both signed the standard form of contract agreeing to pay their accounts, but those contracts didn’t specify a price or fee schedule for the services to be provided. Neither Allen nor Moore had health insurance. They were charged based on Clarian’s “chargemaster” rates, and Allen’s bill was later submitted to a collection agency.

The plaintiffs aren’t asking for charges to be waived; they are asking  the judge to declare the chargemaster rates billed to uninsured patients to be unreasonable and unenforceable. The trial court granted Clarian’s motion to dismiss for failure to state a claim upon which relief can be granted and dismissed the complaint with prejudice.

Addressing several issues, including whether the contract was breached and if the contracts unambiguously required payment, the COA ruled in favor of the plaintiffs, finding because no price was specified in the contracts, Allen and Moore only agreed to pay a reasonable charge for Clarian’s services. The judges cited several cases dating back to 1888 to support their holding, including the recent Indiana Supreme Court decision Stanley v. Walker, 906 N.E.2d 852, 856-57 (Ind. 2009). They declined to consider foreign rulings that Clarian cited which found hospitals aren’t held to the same reasonableness standard in the interpretation of their contracts for medical services.

“Here, the contracts provided by Clarian make no direct or indirect reference to the chargemaster or any other fee schedule, and the price for services to be rendered is, therefore, a missing and essential term,” wrote Judge Edward Najam in Abby Allen and Walter Moore v. Clarian Health Partners, Inc., No. 49A02-1011-CT-1174. “Hence, it is well settled under Indiana law that a reasonable fee is implied. Consistent with that law, Allen and Moore alleged in their complaint that Clarian charged them an unreasonable price. That allegation, if true, would constitute a breach of contract.”

The COA also declined to hold that Allen and Moore agreed to pay whatever amount Clarian charged, as that would be an unreasonable, if not absurd, interpretation of the contract, wrote the judge. The court remanded for further proceedings.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

ADVERTISEMENT