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United States District Court for the Middle District of Florida, Tampa Division
January 28, 2021, Decided; January 28, 2021, Filed
Case No. 8:19-cv-1522-VMC-TGW
This matter comes before the Court upon consideration of Plaintiff David Day's Motion for Summary Judgment (Doc. # 186) and Defendant Sarasota Doctors Hospital, Inc.'s Motion for Summary Judgment, both filed on November 13, 2020. (Doc. # 187). The parties have responded (Doc. ## 197; 200) and replied to each Motion. (Doc. ## 207; 208). For the reasons set forth below, Doctors Hospital's Motion is granted, and Day's Motion is denied.
Following a motor vehicle accident on February 21, 2017, Day received emergency medical treatment at Doctors Hospital. (Doc. # 194-1 at 19:1-25). Upon arrival at [*2] the Hospital, Day signed a "Conditions of Admission and Consent for Outpatient Care" form ("COA"), which included provisions stipulating that Day agreed to pay the rates listed in Doctors Hospital's chargemaster, and also noting that the Hospital accepted discounted rates from certain insured and uninsured patients:
5. Financial Agreement. In consideration of the services to be rendered to Patient, Patient or Guarantor individually promises to pay the Patient's account at the rates stated in the hospital's price list (known as the Charge Master) effective on the date the charge is processed for the service provided, which rates are hereby expressly incorporated by reference as the price term of this agreement to pay the patient's account. Some special items will be priced separately if there is no price listed on the Charge Master. An estimate of the anticipated charges for services to be provided to the Patient is available upon request from the hospital. Estimates may vary significantly from the final charges based on a variety of factors, including, but not limited to, the course of treatment, intensity of care, physician practices, and the necessity of providing additional goods [*3] and services.
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Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2021 U.S. Dist. LEXIS 16163 *; 2021 WL 288969
DAVID DAY, Plaintiff, v. SARASOTA DOCTORS HOSPITAL, INC. d/b/a DOCTORS HOSPITAL OF SARASOTA, Defendant.
Prior History: Day v. Sarasota Doctors Hosp., Inc., 2019 U.S. Dist. LEXIS 235273 (M.D. Fla., Sept. 16, 2019)
Patient, charges, rates, summary judgment, Insurer, prices, unfair practice, contracts, deceptive, bills, consumer, discount, argues, summary judgment motion, reimbursement, chargemaster, factors, website, private health, unauthenticated, uninsured, alleges, hearsay, Counts, offers, genuine issue of material fact, entitled to judgment, customary charge, differential, declaration