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Re: Refusal of Payment

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Posted

OK, some thoughts to help you analyze this situation:

Assume that the patient is unconscious and unable to personally consent to

treatment at all phases of his initial care.

Would the physician's bill be payable?

Would the hospital's bill be payable?

Is there a public policy that favors provision of medical care to those who

cannot consent in life threatening situations?

Is there a concept in law called " implied consent? " What is the rationale

for that concept?

Does public policy favor allowing patients to commit suicide, or does it

argue against it?

If you get lost in the woods on U. S. Government land and require search

teams to look for you for three days, including 50 mounted riders, 3

helicopters,

4 fixed wings, and 6 boats, not to mention 100+ rescuers on foot and 50 law

enforcement officers, can you be made to pay the costs of your rescue even if

you maintain that you would have found your way out alone if given time?

GG

Posted

Well the consent would be him being unresponsive and not being capable

nor competent to refuse treatment by EMS or the ED.

Just what i would assume but I am most likely wrong.

On Wednesday, Jan 7, 2004, at 15:26 US/Central, Ron Derrick composed:

>

> I have a question for the group.  Let me set the scenario.  EMS makes

> a call

> for an overdose/attempted suicide.  Physician on scene called for

> EMS.  You

> arrive to find patient A & O x 0 and a original GCS of 9.  Patient took a

> large amount of a variety of pills including Cardizem and Plavix.  EMS

> treated patient and was asked by physician on the scene to transport

> to the

> ER for gastric lavage.  Now EMS has received a letter from the patient

> stating " I did not request EMS or consent to the EMS services and I

> will not

> be held responsible for them "   What would be the appropriate reaction

> from

> the EMS politically and legally to this person?

>

>

> Ron A. Derrick,  LP  NREMT-P

> Director of Emergency Services

> City of Fredericksburg

>

Posted

As far as consent, it was implied, based on information you provided.

Someone initiated a call to the physician on behalf of that patient to

provide care in the best interest of that patient. You have been called to

continue care in the best interest of that patient. Since the patient had

taken action that placed life in jeopardy, and had placed him/herself in a

position where he /she could not make a sound decision, that decision was

made based on what a rational person would most likely want. That patient is

now obligated to pay for the services rendered.

You must treat this patient as you would all other patients that you bill.

It is politically correct to treat all citizens the same. It is legally

correct to expect compensation for this patient just as you would any other

patient.

If this patient had presented to our service, we would bill. If the patient

refuses to pay, then the bill will be processed according to the City policy

in regard to bad debt.

, Director

Seminole EMS

Seminole, TX. 79360

(432)758-8816

(432)758-6533 fax

Refusal of Payment

I have a question for the group. Let me set the scenario. EMS makes a call

for an overdose/attempted suicide. Physician on scene called for EMS. You

arrive to find patient A & O x 0 and a original GCS of 9. Patient took a

large amount of a variety of pills including Cardizem and Plavix. EMS

treated patient and was asked by physician on the scene to transport to the

ER for gastric lavage. Now EMS has received a letter from the patient

stating " I did not request EMS or consent to the EMS services and I will not

be held responsible for them " What would be the appropriate reaction from

the EMS politically and legally to this person?

Ron A. Derrick, LP NREMT-P

Director of Emergency Services

City of Fredericksburg

Posted

Ed,

If you are purely a private, for profit ambulance service, you can pick and

choose your patients and refuse at will so long as issues like abandonment are

not involved.

But accept a 911 contract and you accept a contractual duty to respond to all

callers and furnish care and transportation. The contracts spell that out in

detail, and you are usually granted some sort of consideration in the form of

a subsidy or payment guarantee situation to pay you for serving the

non-payers.

Gene

Posted

That's a tough one, but my guess would be if this is a blatant suicide

attempt and PD has put the patient under section 26, you can treat and

transport said patient without worry. If this wasn't the case and the

patient had a GCS of 9, I would imagine s/he would fall under the

implied consent category to treat/transport. The only out of hospital

paperwork we honour is the TDH OOH DNR as far as advance directives

are concerned. So I'm thinking you still would be in the clear for

treating/transporting the patient even with that letter onscene.

Regards,

Alfonso R. Ochoa, NREMT-P

>

> I have a question for the group. Let me set the scenario. EMS

makes a call

> for an overdose/attempted suicide. Physician on scene called for

EMS. You

> arrive to find patient A & O x 0 and a original GCS of 9. Patient

took a

> large amount of a variety of pills including Cardizem and Plavix.

EMS

> treated patient and was asked by physician on the scene to transport

to the

> ER for gastric lavage. Now EMS has received a letter from the

patient

> stating " I did not request EMS or consent to the EMS services and I

will not

> be held responsible for them " What would be the appropriate

reaction from

> the EMS politically and legally to this person?

>

>

> Ron A. Derrick, LP NREMT-P

> Director of Emergency Services

> City of Fredericksburg

>

>

>

>

Posted

That's a tough one, but my guess would be if this is a blatant suicide

attempt and PD has put the patient under section 26, you can treat and

transport said patient without worry. If this wasn't the case and the

patient had a GCS of 9, I would imagine s/he would fall under the

implied consent category to treat/transport. The only out of hospital

paperwork we honour is the TDH OOH DNR as far as advance directives

are concerned. So I'm thinking you still would be in the clear for

treating/transporting the patient even with that letter onscene.

Regards,

Alfonso R. Ochoa, NREMT-P

>

> I have a question for the group. Let me set the scenario. EMS

makes a call

> for an overdose/attempted suicide. Physician on scene called for

EMS. You

> arrive to find patient A & O x 0 and a original GCS of 9. Patient

took a

> large amount of a variety of pills including Cardizem and Plavix.

EMS

> treated patient and was asked by physician on the scene to transport

to the

> ER for gastric lavage. Now EMS has received a letter from the

patient

> stating " I did not request EMS or consent to the EMS services and I

will not

> be held responsible for them " What would be the appropriate

reaction from

> the EMS politically and legally to this person?

>

>

> Ron A. Derrick, LP NREMT-P

> Director of Emergency Services

> City of Fredericksburg

>

>

>

>

Posted

I think the question is is s/he responsible for the bill at this point?

Ed Walsh LP

Re: Refusal of Payment

That's a tough one, but my guess would be if this is a blatant suicide

attempt and PD has put the patient under section 26, you can treat and

transport said patient without worry. If this wasn't the case and the

patient had a GCS of 9, I would imagine s/he would fall under the

implied consent category to treat/transport. The only out of hospital

paperwork we honour is the TDH OOH DNR as far as advance directives

are concerned. So I'm thinking you still would be in the clear for

treating/transporting the patient even with that letter onscene.

Regards,

Alfonso R. Ochoa, NREMT-P

>

> I have a question for the group. Let me set the scenario. EMS

makes a call

> for an overdose/attempted suicide. Physician on scene called for

EMS. You

> arrive to find patient A & O x 0 and a original GCS of 9. Patient

took a

> large amount of a variety of pills including Cardizem and Plavix.

EMS

> treated patient and was asked by physician on the scene to transport

to the

> ER for gastric lavage. Now EMS has received a letter from the

patient

> stating " I did not request EMS or consent to the EMS services and I

will not

> be held responsible for them " What would be the appropriate

reaction from

> the EMS politically and legally to this person?

>

>

> Ron A. Derrick, LP NREMT-P

> Director of Emergency Services

> City of Fredericksburg

>

>

>

>

Posted

I think the question is is s/he responsible for the bill at this point?

Ed Walsh LP

Re: Refusal of Payment

That's a tough one, but my guess would be if this is a blatant suicide

attempt and PD has put the patient under section 26, you can treat and

transport said patient without worry. If this wasn't the case and the

patient had a GCS of 9, I would imagine s/he would fall under the

implied consent category to treat/transport. The only out of hospital

paperwork we honour is the TDH OOH DNR as far as advance directives

are concerned. So I'm thinking you still would be in the clear for

treating/transporting the patient even with that letter onscene.

Regards,

Alfonso R. Ochoa, NREMT-P

>

> I have a question for the group. Let me set the scenario. EMS

makes a call

> for an overdose/attempted suicide. Physician on scene called for

EMS. You

> arrive to find patient A & O x 0 and a original GCS of 9. Patient

took a

> large amount of a variety of pills including Cardizem and Plavix.

EMS

> treated patient and was asked by physician on the scene to transport

to the

> ER for gastric lavage. Now EMS has received a letter from the

patient

> stating " I did not request EMS or consent to the EMS services and I

will not

> be held responsible for them " What would be the appropriate

reaction from

> the EMS politically and legally to this person?

>

>

> Ron A. Derrick, LP NREMT-P

> Director of Emergency Services

> City of Fredericksburg

>

>

>

>

Posted

Alfonso, the difference is that a private hospital that maintains an

emergency department is covered by EMTALA. EMS is not. So you can have an

ambulance

service that does not hold itself out as providing care to anyone.

It's the " holding out " of a promise to serve that requires your acceptance of

patients. Take, for example, private substance abuse hospitals. They are

under no obligation to accept patients who cannot pay unless they advertise that

they will do so.

So a truly private service has no duty to serve anybody, but it's relatively

easy to place yourself into a position of assuming a duty.

GG

Posted

Contact your local justice of the peace for help in dealing with this

person, or just drop it all they are saying is don't worry about your money

cause you aren't never going get it, this is a game that these people play

to keep from paying the ambulance bill. I don't know what they tell the

hospital. This person is not the kind you want to get evolved with after the

trans port if she was going to sue you she would have already had an

attorney contact you not her, but if you have an attorney on retainer now

would be a time to ask them for help with the client .

Re: Refusal of Payment

> That's a tough one, but my guess would be if this is a blatant suicide

> attempt and PD has put the patient under section 26, you can treat and

> transport said patient without worry. If this wasn't the case and the

> patient had a GCS of 9, I would imagine s/he would fall under the

> implied consent category to treat/transport. The only out of hospital

> paperwork we honour is the TDH OOH DNR as far as advance directives

> are concerned. So I'm thinking you still would be in the clear for

> treating/transporting the patient even with that letter onscene.

>

> Regards,

>

> Alfonso R. Ochoa, NREMT-P

>

>

> >

> > I have a question for the group. Let me set the scenario. EMS

> makes a call

> > for an overdose/attempted suicide. Physician on scene called for

> EMS. You

> > arrive to find patient A & O x 0 and a original GCS of 9. Patient

> took a

> > large amount of a variety of pills including Cardizem and Plavix.

> EMS

> > treated patient and was asked by physician on the scene to transport

> to the

> > ER for gastric lavage. Now EMS has received a letter from the

> patient

> > stating " I did not request EMS or consent to the EMS services and I

> will not

> > be held responsible for them " What would be the appropriate

> reaction from

> > the EMS politically and legally to this person?

> >

> >

> > Ron A. Derrick, LP NREMT-P

> > Director of Emergency Services

> > City of Fredericksburg

> >

> >

> >

> >

Posted

My guess would be yes, since she was treated/transported under the

implied consent statute.

Regards,

Alfonso R. Ochoa, NREMT-P

> >

> > I have a question for the group. Let me set the scenario. EMS

> makes a call

> > for an overdose/attempted suicide. Physician on scene called for

> EMS. You

> > arrive to find patient A & O x 0 and a original GCS of 9. Patient

> took a

> > large amount of a variety of pills including Cardizem and Plavix.

> EMS

> > treated patient and was asked by physician on the scene to

transport

> to the

> > ER for gastric lavage. Now EMS has received a letter from the

> patient

> > stating " I did not request EMS or consent to the EMS services and

I

> will not

> > be held responsible for them " What would be the appropriate

> reaction from

> > the EMS politically and legally to this person?

> >

> >

> > Ron A. Derrick, LP NREMT-P

> > Director of Emergency Services

> > City of Fredericksburg

> >

> >

> >

> >

Posted

Interesting concept, and it brings to mind an issue I had a conversation

about not too long ago, with regards to refusals....

What happens to services who charge for refusals, when the patient

didn't call?

We get it all the time regarding 10-50 minors, family members spastic

about other family members and calling 911 despite the repeated requests

not to do so of the presumed patient?

Who gets billed? Do you separate the billed vs. not billed according to

who called?

I look at it from a patient perspective, I didn't call you, didn't think

I needed you and you came out here to tell me that you agreed with my

own personal assessment of myself, and then sent me a bill for it?

Not!!

Just curious about other services perspective on this.

Mike

" Some days you're the dog, and some days you're the hydrant; pretty easy

to figure out which is which. "

Hatfield EMT-P

Re: Refusal of Payment

OK, some thoughts to help you analyze this situation:

Assume that the patient is unconscious and unable to personally consent

to

treatment at all phases of his initial care.

Would the physician's bill be payable?

Would the hospital's bill be payable?

Is there a public policy that favors provision of medical care to those

who

cannot consent in life threatening situations?

Is there a concept in law called " implied consent? " What is the

rationale

for that concept?

Does public policy favor allowing patients to commit suicide, or does it

argue against it?

If you get lost in the woods on U. S. Government land and require search

teams to look for you for three days, including 50 mounted riders, 3

helicopters,

4 fixed wings, and 6 boats, not to mention 100+ rescuers on foot and 50

law

enforcement officers, can you be made to pay the costs of your rescue

even if

you maintain that you would have found your way out alone if given time?

GG

Posted

I would like to through out a question here. A doctor has the right to refuse

treatment in his office if the patient has outstanding bills.

Can an ambulance service, if it is a private corporation, providing 911

responses refuse the transport of a patient for the same reason?

I assume no. I know about the duty to act, abandonment, and etcetera.

I find it interesting that hospitals that do not accept government assistance

can turn people away that are unable to pay and EMS can not.

Ed Walsh LP

Re: Refusal of Payment

OK, some thoughts to help you analyze this situation:

Assume that the patient is unconscious and unable to personally consent to

treatment at all phases of his initial care.

Would the physician's bill be payable?

Would the hospital's bill be payable?

Is there a public policy that favors provision of medical care to those who

cannot consent in life threatening situations?

Is there a concept in law called " implied consent? " What is the rationale

for that concept?

Does public policy favor allowing patients to commit suicide, or does it

argue against it?

If you get lost in the woods on U. S. Government land and require search

teams to look for you for three days, including 50 mounted riders, 3

helicopters,

4 fixed wings, and 6 boats, not to mention 100 rescuers on foot and 50 law

enforcement officers, can you be made to pay the costs of your rescue even if

you maintain that you would have found your way out alone if given time?

GG

Posted

I'm not so sure about that. Private, for-profit hospitals that

provide emergency medical care cannot turn down a patient on the sole

terms of their ability to pay. They can stick them in triage for 12

hours, but they still have to been seen. On the same token, if a

private, for-profit ambulance service does not provide emergency, 911

services, they can deny whoever they want to be transported. If they

do provide emergency services to a particular area, they have to care

for them regardless of their ability to pay.

Doctor's offices are a different story. The services they provide are

generally not in emergency situations, so they can pick and choose

their clientele.

Regards,

Alfonso R. Ochoa, NREMT-P

> I would like to through out a question here. A doctor has the right

to refuse treatment in his office if the patient has outstanding

bills.

>

> Can an ambulance service, if it is a private corporation, providing

911 responses refuse the transport of a patient for the same reason?

>

> I assume no. I know about the duty to act, abandonment, and

etcetera.

>

> I find it interesting that hospitals that do not accept government

assistance can turn people away that are unable to pay and EMS can

not.

>

>

> Ed Walsh LP

>

>

> Re: Refusal of Payment

>

> OK, some thoughts to help you analyze this situation:

>

> Assume that the patient is unconscious and unable to personally

consent to

> treatment at all phases of his initial care.

>

> Would the physician's bill be payable?

> Would the hospital's bill be payable?

>

> Is there a public policy that favors provision of medical care to

those who

> cannot consent in life threatening situations?

>

> Is there a concept in law called " implied consent? " What is the

rationale

> for that concept?

>

> Does public policy favor allowing patients to commit suicide, or

does it

> argue against it?

>

> If you get lost in the woods on U. S. Government land and require

search

> teams to look for you for three days, including 50 mounted riders, 3

helicopters,

> 4 fixed wings, and 6 boats, not to mention 100 rescuers on foot and

50 law

> enforcement officers, can you be made to pay the costs of your

rescue even if

> you maintain that you would have found your way out alone if given

time?

>

> GG

>

>

>

Posted

implied consent - the assumtion that, in a true emergecny where a patient who is

unresponsive or unable to make a retional decision is at significant risk of

death, diability, or deterioration of condition, that patient would agree to

emergency treatment.

Ron Derrick wrote:

I have a question for the group. Let me set the scenario. EMS makes a call

for an overdose/attempted suicide. Physician on scene called for EMS. You

arrive to find patient A & O x 0 and a original GCS of 9. Patient took a

large amount of a variety of pills including Cardizem and Plavix. EMS

treated patient and was asked by physician on the scene to transport to the

ER for gastric lavage. Now EMS has received a letter from the patient

stating " I did not request EMS or consent to the EMS services and I will not

be held responsible for them " What would be the appropriate reaction from

the EMS politically and legally to this person?

Ron A. Derrick, LP NREMT-P

Director of Emergency Services

City of Fredericksburg

Irlynda , EMT-P

Random acts of kindness can profoundly affect someone's life, maybe even your

own.

Posted

My question did not have to do with whether we can treat her or not. We did

treat and transport her under implied consent. The question was that now

the patient has refused to pay her bill stating she neither requested nor

gave consent for treatment or transport, so she is not paying. How would

you respond to this and what legal grounds do we have to stand on?

Ron A. Derrick, LP NREMT-P

Director of Emergency Services

City of Fredericksburg

Posted

My knowledge has been that in a case like this you go to the person who

initiated the call. If the doctor refuses to pay, which he probably will, then

it will be a fight between her and her doctor. If he is her personal physician

then there might be something there. I know the company I work for will not bill

a call if the patient refuses to pay and the patient did not initiate the call

or the call was not initiated from the residence. You may just have to write it

off at the end of the year.

RE: Refusal of Payment

My question did not have to do with whether we can treat her or not. We did

treat and transport her under implied consent. The question was that now

the patient has refused to pay her bill stating she neither requested nor

gave consent for treatment or transport, so she is not paying. How would

you respond to this and what legal grounds do we have to stand on?

Ron A. Derrick, LP NREMT-P

Director of Emergency Services

City of Fredericksburg

Posted

I believe there is also a new law that will allow you to place a lien on any

property owned by the patient. I am not sure when it applies though, but it

should be worth looking into.

RE: Refusal of Payment

My question did not have to do with whether we can treat her or not. We did

treat and transport her under implied consent. The question was that now

the patient has refused to pay her bill stating she neither requested nor

gave consent for treatment or transport, so she is not paying. How would

you respond to this and what legal grounds do we have to stand on?

Ron A. Derrick, LP NREMT-P

Director of Emergency Services

City of Fredericksburg

Posted

Classic don't worry about your money client. You will never get paid, but go

forward in the normal process that you usually go. I am assuming that this

is what your question is about I thought we covered this last week. Next

step is turn this particular case / client over to your attorney. Don't get

involved your self , use caution.

Re: Refusal of Payment

> implied consent - the assumtion that, in a true emergecny where a patient

who is unresponsive or unable to make a retional decision is at significant

risk of death, diability, or deterioration of condition, that patient would

agree to emergency treatment.

>

> Ron Derrick wrote:

> I have a question for the group. Let me set the scenario. EMS makes a

call

> for an overdose/attempted suicide. Physician on scene called for EMS.

You

> arrive to find patient A & O x 0 and a original GCS of 9. Patient took a

> large amount of a variety of pills including Cardizem and Plavix. EMS

> treated patient and was asked by physician on the scene to transport to

the

> ER for gastric lavage. Now EMS has received a letter from the patient

> stating " I did not request EMS or consent to the EMS services and I will

not

> be held responsible for them " What would be the appropriate reaction from

> the EMS politically and legally to this person?

>

>

> Ron A. Derrick, LP NREMT-P

> Director of Emergency Services

> City of Fredericksburg

>

>

>

>

>

>

> Irlynda , EMT-P

>

> Random acts of kindness can profoundly affect someone's life, maybe even

your own.

>

>

>

>

>

>

>

>

Posted

The lien can only be filed if the pt signs for approval of transport, billing,

and agreement to pay section of the run ticket and this can not be wavered by

friend medical support or next of kin family .

RE: Refusal of Payment

My question did not have to do with whether we can treat her or not. We

did

treat and transport her under implied consent. The question was that now

the patient has refused to pay her bill stating she neither requested nor

gave consent for treatment or transport, so she is not paying. How would

you respond to this and what legal grounds do we have to stand on?

Ron A. Derrick, LP NREMT-P

Director of Emergency Services

City of Fredericksburg

Posted

We have been filing liens for years, I have never heard of that, where did

you get your information from?

We file liens in MVC's and have increased our collection in that area to

well over 90%, signatures or no signatures.

RE: Refusal of Payment

>

>

> My question did not have to do with whether we can treat her or not.

We did

> treat and transport her under implied consent. The question was

that now

> the patient has refused to pay her bill stating she neither

requested nor

> gave consent for treatment or transport, so she is not paying. How

would

> you respond to this and what legal grounds do we have to stand on?

>

>

>

> Ron A. Derrick, LP NREMT-P

> Director of Emergency Services

> City of Fredericksburg

>

>

>

>

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