Legal Concerns in Health Care Archive

Medical debt is the second most common reason why Americans file bankruptcy


Medical debt is the second most common reason why American’s file bankruptcy even those with insurance. A frightening statistic from the Federal General Accounting Office study reported that as many as 95 percent of all hospital bills include overcharges This could make for an interesting conversation during the cocktail hour at the American Hospital Association convention.

Hospitals will use the excuse that it is nearly impossible to keep up with the various billing programs of 40 to 50 different insurance companies and Medicare and Medicaid. All of these organizations have their own forms and codes for “who’s covered for what, under what circumstances” rules, and own billing and payment systems. “The medical billing system is complicated and confusing,” admits Rick H. Wade, senior vice president of the American Hospital Association, which represents most of the hospitals in the United States. On Dec. 27, 2002, he told a “Dateline NBC” investigative team, “Trying to understand all the code words and jargon can turn your brain into oatmeal.”

 

Many hospitals overprice procedures and supplies egregiously. “It’s not unusual to see supply items marked up sometimes as much as 1000 percent,” says Randall Marrs, owner of Medical Audit Recovery Services in Tulsa, Okla. “I’ve seen an oral swab billed for $55, when a package would cost you $2 at the drug store.” Saline solution, which is often billed as much as $75 per 1000 ml, costs the hospital no more than 35 to 40 cents, he adds. Those are details you may not notice if your hospital co-pay is a fixed amount. But if you have to pay a portion of the bill say 10% or 20% you’re paying part of those inflated costs. Continue reading ‘Medical debt is the second most common reason why Americans file bankruptcy’

Living Will

This legal document differs from the above in that instead of naming another person to make decisions, it specifically authorizes doctors to discontinue medical care under certain circumstances. For example, it may direct a doctor to cease life-prolonging medical treatment when the patient is unable to participate in the decision Continue reading ‘Living Will’

Health Care Proxy

A health care proxy has the same effect as a durable power of attorney with one difference: a lawyer is not usually required to complete the simple preprinted form. If the state in which your parents reside has a health care proxy law, you can usually get the appropriate form from hospitals Continue reading ‘Health Care Proxy’

Durable Medical Power of Attorney

This document allows your parents to designate someone they trust to make medical decisions on their behalf, should they become incapacitated. Because the durable medical power of attorney eliminates the need for your parents to know in advance all the decisions that may arise, Continue reading ‘Durable Medical Power of Attorney’

Advance Medical Directives

Advance medical directives are legal documents that put in writing an individual’s instructions about his or her future medical care. They are designed to help guide medical professionals, family members, and friends should the individual no longer be able to make medical decisions. Continue reading ‘Advance Medical Directives’

Powers of Attorney

There is a difference between a power of attorney your parents may have arranged for a specific purpose and a durable power of attorney. A power of attorney is a legal document in which an individual gives another person the authority to act on his or her behalf in specified types of transactions. It terminates if the individual dies or becomes incapacitated or incompetent. Continue reading ‘Powers of Attorney’

Your Medical Rights

The only way to make sure your rights as a patient are respected is to know what they are. Here we explain those rights as well as your personal responsibilities.

A woman languishes in a hospital delivery ward, with sensors tightly strapped to her bulging belly to monitor the heart beats of her unborn twins. Her contractions had started shortly after her sixth month of pregnancy, bringing with them every fear an expectant mother tries to keep at bay. But after 12 hours of not being able to move an inch to avoid cutting the sensors’ tenuous connection to the tiny heart beats, she could not take the pain or the fear anymore. When she pleaded with the doctor to remove the tight belt for a few moments respite, she was harshly told that her “selfishness” might jeopardize her daughters’ lives. After agonizing a while longer over the possible repercussions of her actions, the woman decided that her extreme discomfort might harm her babies even more, and she opted to have the sensors removed for brief rest breaks. The doctor finally acquiesced after demanding that she sign release forms. Continue reading ‘Your Medical Rights’