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CA & hospital charge for "medical screening exam"

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gachnar

Junior Member
What is the name of your state?I'm in California. When I was pulled over, I wouldn't submit to the breath or urine test. I was cuffed and taken to a hospital. About a week later, the hospital then billed me for "emergency services." I disputed the billing per my rights under the Fair Credit Billing Act (FCBA). The hospital never responded as the FCBA says it must by sending me written acknowledgment of my dispute within 30 days of receiving it.

Over half a year elapsed and the hospital continued to harass me for payment. I finally got someone in the hospital's Customer Service to look into the matter. Now the hospital is telling me that the charge was not a billing error. Instead, they say that I'm being billed for a "medical screening exam" that the hospital says is required of all patients brought to the hospital per EMTALA laws. And the hospital says that I owe full payment.

The hospital added that although the sherriff's department pays for the blood draw, the sherriff's department never pays for the medical screening exam.

Does this sound correct or am I being further mistreated by the system?

BTW, the DA later dropped the charges against me because my BAC was too low.
 


JETX

Senior Member
gachnar said:
Does this sound correct or am I being further mistreated by the system?
Sounds correct to me.

BTW, the DA later dropped the charges against me because my BAC was too low.
And of course, that does NOT mean you weren't driving impaired and a danger to others, only that you didn't meet the criminal threshold of DUI.
 
And of course, that does NOT mean you weren't driving impaired and a danger to others, only that you didn't meet the criminal threshold of DUI.

And of course I'm going to assume you tell people who call you from their cell phone while driving the same thing, they're a danger to others. All those sleep-deprived mommies and daddies, do you tell them what a danger they are to others? If your quest is to make the roads safer, don't forget to point out to your non-drinking friends and family what a danger their lack of sleep and cell phone use is to others. That is, if you're truly interested in roadway safety.
 

rmet4nzkx

Senior Member
fagettaboutit said:
And of course I'm going to assume you tell people who call you from their cell phone while driving the same thing, they're a danger to others. All those sleep-deprived mommies and daddies, do you tell them what a danger they are to others? If your quest is to make the roads safer, don't forget to point out to your non-drinking friends and family what a danger their lack of sleep and cell phone use is to others. That is, if you're truly interested in roadway safety.
Your post lacks relevance as usual. OP refused field testing most likely because they feared they would fail and so requested the blood test to avoid a default judgement and for which they are required to pay except for the part paid for by the PD. Payment is dependent upon their request for the service, not the results of the test nor the outcome of the charges. Would they not be responsible for a lab test for pregnancy if it was negative or if they subsequently lost the baby?

Op's quesiton has nothing to do with anything else you refered to regarding impairment. In fact, with your congnitive problems, you are always driving impaired, even if you are a passenger ;)
 
OP refused field testing most likely because they feared they would fail

Do you actually believe you would pass with flying colors? :p Once a cop asks you to do the monkey tricks, he's already planning to arrest you. The OP had every right to refuse the field testing. Something your ilk has a hard time understanding - one's right.

In case you didn't notice. I was responding to this comment: "And of course, that does NOT mean you weren't driving impaired and a danger to others." So your comment is the one that holds no relevance. Pay attention.

In fact, with your congnitive problems, you are always driving impaired, even if you are a passenger

:rolleyes: Typical.
 

rmet4nzkx

Senior Member
fagettaboutit said:
Do you actually believe you would pass with flying colors? :p Once a cop asks you to do the monkey tricks, he's already planning to arrest you. The OP had every right to refuse the field testing. Something your ilk has a hard time understanding - one's right.

In case you didn't notice. I was responding to this comment: "And of course, that does NOT mean you weren't driving impaired and a danger to others." So your comment is the one that holds no relevance. Pay attention.



:rolleyes: Typical.
If you refuse the field test and don't do the blood test you lose by default, those are his rights.

Yes I culd pass the FST in my sleep and no problem with the BAC or the blood alcohol test either.

You insist on hijacking threads to go on about things unrelated to the question at hand for who knows what reason. You never reply in a way that adds to the thread, you only wish to confuse matters.

The point of the thread was OP owed the hospital for the cost of the blood test no matter how the test turned out or what happened with the citation, they chose to fogo the Free FST in favor of one that cost them money.
 
If you refuse the field test and don't do the blood test you lose by default, those are his rights.

That's right. But you have every right to refuse the field tests. You said, "field tests" in your last post. This person nor the cops realized at the time that the blood test was much better route than the breathalyzer.

Yes I culd pass the FST in my sleep

32 percent can't pass stone-cold sober awake. I guess that makes you a lucky one.

You insist on hijacking threads to go on about things unrelated to the question at hand for who knows what reason. You never reply in a way that adds to the thread, you only wish to confuse matters.

And your last two posts to me would be...unrelated to the question at hand...? You seem to be selective on what you choose to point out as advice. Why don't you spend less time reading what I write and focus on yourself, okay. ;)
 
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S

seniorjudge

Guest
To answer the original poster's questions (not that y'all aren't entertaining and all), but I suspect you are on the hook for this bill.

California probably has an implied consent law, meaning that when you get your driver's license, you agreed to take a Breathalyzer (r) test when and if asked to do by law enforcement agents (if they have probable cause).

Since you did not take the test, then there are probably other statutes that say the cops have the right to carry you to a hospital and make you get tested.

But...I have never read a California statute in my entire long life and (to preserve my purity) never intend to!

Okay, you guys can get back to it now....
 

CdwJava

Senior Member
The medical screening is often done at ER's here for ANY patient brought in - even for a compulsory blood draw. I suspect it is for the hospital's liability. And like an ambulance ride, I suspect they CAN hold you accountable for that bill. If you were tagged by a car and rushed to a hospital, you likely would have to pay for the ambulance ride and the ER bill whether you wanted to go there or not.

The dispute may cost you more in the long run. You can either consult an attorney or work out payment options. The choice is yours - and none of its good.

These used to be billed to the arresting agencies until the agencies started saying, "No". Since the hospitals wanted them for their own purposes they had to either pass on the cost or suck it up. I guess they're holding a hard line to passing it on.

- Carl
 

SsanB2

Junior Member
Drivers license

Calif :confused: When you got your drivers license you signed an agreement that if you were pull over and asked to submit to a breathalyzer you would and they have it on file.
 
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CdwJava

Senior Member
SsanB2 said:
Calif :confused: When you get your drivers license you signed an aggement that you would submit to a breatalizer upon request .
Actually, you give your implied consent to submit to a chemical test (your choice - blood OR breath) upon arrest. If you refuse, the police may still compel (i.e. "force") a blood draw. That would result in an automatic license suspension and can be used to show consciousness of guilt.

- Carl
 
rmet4nzkx said:
And just who's fault is that, YOU are the one hijacking the thread.

Get REAL, hijacking. Oh the drama! You jumped in and responded MY post. Since you forgot and NEVER gave any legal advice, AND since you ask.

Look at yourself in the rearveiw mirror. I promise you'll see a dangerous driver. Cell phones....less than 6 hours of sleep...eating while driving....distracted drivers cause over 20 percent of all accidents. Alcohol accounts for 6 percent. OOPS OH...is that hijacking your cause?

Before someone else calls another person a danger to the roadways, think about the FACTS. The facts are lacking here while others lecture thier moral views.

Who kills more people? Sober drivers. Those people that have been killed by those sober poeple...forgotten...the "less victim" people.

Don't bother responding. ;-)
 

Shay-Pari'e

Senior Member
fagettaboutit said:
Get REAL, hijacking. Oh the drama! You jumped in and responded MY post. Since you forgot and NEVER gave any legal advice, AND since you ask.

Look at yourself in the rearveiw mirror. I promise you'll see a dangerous driver. Cell phones....less than 6 hours of sleep...eating while driving....distracted drivers cause over 20 percent of all accidents. Alcohol accounts for 6 percent. OOPS OH...is that hijacking your cause?

Before someone else calls another person a danger to the roadways, think about the FACTS. The facts are lacking here while others lecture thier moral views.

Who kills more people? Sober drivers. Those people that have been killed by those sober poeple...forgotten...the "less victim" people.

Don't bother responding. ;-)

(QUOTE) You seem to be selective on what you choose to point out as advice. Why don't you spend less time reading what I write and focus on yourself, okay.(QUOTE)


Funny
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S

seniorjudge

Guest
gachnar said:
Does this sound correct or am I being further mistreated by the system?

Poster, how were you mistreated by the system?
 

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