hospital acquired covid lawsuit

He said the suit takes on even more importance because Congress is negotiating whether to give legal protection to employers, including hospital owners, to shield them against coronavirus-related workplace hazard complaints. The new owners of eight of those hospitals told CNN that CHS had held onto the billing rights for past cases under the terms of their sales. CHS hospitals only file lawsuits, it said, "after it is determined the patient appears to have some ability to pay based on credit record and employment status or if the patient has been non-responsive" following repeated attempts to discuss their bill. But no one from the hospital had mentioned the policy to him until CNN told him about it last week, he said. All Rights Reserved. The four people in the suit include three hospital workers who were infected with Covid-19 and one whose mother, also an employee of the hospital, died of Covid-19. After hospital reports no COVID cases, court documents and staff say otherwise. Orlando Health, the new owner, said in a statement that it has not sued any Bayfront patients over unpaid bills. None of the more than two dozen defendants whose cases were being heard that day had a lawyer. "I only bring home a check of 525 dollars a week and have [been] helping two daughters with my grandkids... my prayer to you is please relieve some of this debt and help out the average person.". Jurgens said she told the hospital's lawyers that the charges should have been covered by Medicare, but that they wouldn't agree to drop the case. HCA's stock price was up more than 1% Friday afternoon. "I do not have anything left to give. A suburban woman has received a controversial medicine that could save her life as she battles COVID-19, but it took a judge’s orders to make it happen. No official data. ", Labor secretary on unemployment numbers: We're still recovering. CONYERS, Ga. (AP) — A suburban Atlanta nursing home where 22 people died from COVID-19 has been faulted by state inspectors for failing to control infections, but relatives of people who died say they can’t sue because Georgia lawmakers last year blocked lawsuits unless plaintiffs can prove the difficult-to-meet standard of gross negligence. But in the U.S. defendants only have a right to legal representation in criminal cases, not civil lawsuits. "I'm real behind on a lot of things," Christine McCullough, one of the defendants, told Ward. HOUSTON — A registered nurse who has worked for Houston Methodist for more than six years is planning to take the hospital to court. The other top states CHS hospitals filed lawsuits in were Florida, Indiana, Missouri, Mississippi and Texas. Data is a real-time snapshot *Data is delayed at least 15 minutes. Trinity Health, another large chain, suspended collections activity in March 2020 due to the pandemic and has "significantly limited any pursuit of legal action involving past due accounts," a spokesperson said, although she declined to provide more details. Monique Hernandez registered nurse at Riverside community hospital is overcome with emotions during a memorial and candle light vigil for Hollywood Presbyterian Nurse Celia Marcos who died two days after testing positive for Coronavirus at Hollywood Presbyterian Medical Center in Los Angeles on Wednesday, May 6, 2020. The ambulance bay at the CHS-owned Poplar Bluff Regional Medical Center in Poplar Bluff, Missouri. According to the hospital, she owed $1,642 for an X-ray she received after a car accident. The CDC has recorded over 139,000 COVID-19 cases and more than 640 deaths among healthcare personnel. Bull's experience is hardly unique. Overall, Bayfront was among the most litigious hospital companies in the CHS network, filing more than 800 debt-related lawsuits since mid-March 2020. Links with this icon indicate that you are leaving the CDC website.. After a judge ruled in the hospital's favor late last year, the company filed a motion to start garnishing part of her roughly $850-per-month salary. Christi Walsh, another Johns Hopkins researcher who has studied hospital lawsuits, said that it was typical for hospitals that sue patients to only make a tiny fraction of their revenue from those lawsuits. She was diagnosed with breast cancer and received a double mastectomy at the CHS-owned Lake Norman Regional Medical Center in Mooresville -- and then a sheriff's deputy showed up on her doorstep last June to serve her with a $146,000 lawsuit from the hospital. The company's lawsuits against patients spiked after it sold: It sued more than 400 patients in October, by far the highest number of lawsuits it had filed in any month since at least January 2017. A hospital colleague who sees 20 to 25 covid-19 patients each day takes the same precautions. Richard T. Ellison III, MD, reviewing Fakih MG et al. It's unclear what happens next, Homeless relief is on the way, but the crisis could get worse as evictions loom, Former CDC director: Direct Covid-19 vaccines to where they're needed most, Stimulus checks and pandemic aid make it even more important to file a 2020 tax return. After being sued by Lake Granbury Medical Center, a CHS hospital outside of Fort Worth, Texas, Richard Piper wrote to a judge in August asking for relief from the $34,894 in medical debt the hospital was demanding. "I tried to reason with the lawyers and tell them there's no way I can pay for this, but nothing worked," Bull said. Providing inpatient care for patients with COVID … "I don't think it's fair," Piper said. … Two months after she wrote the letter, the court entered a judgment against her -- ordering her to pay the hospital her $781 debt and nearly doubling it by tacking on $400 in attorney's fees and $304 in court costs. "I was scared, and I just scrambled and tried to get some money together to pay it off.". "I am [writing] this response to inform you of my inability to [pay] this outstanding medical debt," wrote Piper, who works at a salvage yard. "I am currently doing my best not to drown," the woman wrote. The review only included cases in which the hospitals sued individual people, as opposed to insurance companies. Huntley said he and his wife make less than $71,000 a year and have four kids, which would appear to qualify them for CHS' policy not to sue patients whose incomes are less than two times the poverty rate. In its annual report, CHS acknowledged -- in legal speak -- that the pandemic is taking a toll on patients' ability to pay their hospital bills. The portrait in this story was taken remotely using a mobile app. Landmark Hospital was accused of manipulating COVID-19 test results. CNN's review of court filings across 16 states the company operates in found that most of the patients sued by CHS -- like Bull -- didn't hire a lawyer or fight the lawsuits, and judges often ruled in the company's favor by default. But around the country, some of the handful of defendants who hire lawyers found that they won their cases fairly easily. Judge says CDC doesn't have authority to issue an eviction moratorium. Jan-Dec 2020;11:2150132720943331. doi: 10.1177/2150132720943331. CHS in 2020 enjoyed its most profitable year in at least a decade, even as it was suing patients during the pandemic. CNN was able to obtain court records from most but not all counties where CHS operates a hospital, so the findings are likely an undercount. He added that the union represents staff in five HCA-owned hospitals in California and the company has "minimized and evaded responsibility.". Currently there are no official figures on numbers of patients contracting covid-19 in hospitals. One CHS hospital closed completely last year. The suit follows a similar suit filed by the New York State Nurses Association in April when hospitals across New York and especially New York City were overwhelmed by Covid-19 patients. In its statement to CNN, CHS defended its collections practices. INDIANAPOLIS — A grieving family is preparing to sue Franciscan Alliance after learning a new Indiana law should have allowed them to visit their loved one before death. Cross survived Covid-19 after spending a week in the hospital. "We've got car payments and rent and daycare fees, and still got to pay the lights and water. But even as Bull was helping send patients to Moberly Regional, the hospital was in the process of suing her and at least one other former employee at the nursing home. The only part of the hospital that seems to have continued operating: its collections operation. McCullough and another defendant had trial dates set. Piper said in an interview that his bill came after the hospital kept him longer than he had wanted, and that he was supporting his daughter's family after she lost her job as a teacher due to Covid-19. "I can't afford $35,000 -- I don't even make that in a year.". Coronavirus Disease 2019 (COVID-19)-Associated Hospitalization Surveillance Network (COVID-NET) is a population-based surveillance system that collects data on laboratory-confirmed COVID-19-associated hospitalizations among children and adults through a network of over 250 acute-care hospitals in 14 states. Advocates say those hardball collection tactics can leave low-income patients in financial ruin -- especially considering the lawsuits were filed in the middle of the Covid-fueled economic collapse. Four of the defendants called in, smartphone videos showing them sitting in their cars or living rooms, and listened as Judge Jim Ward patiently explained what a judgment would mean: the potential for garnished wages, a lien on their property, and debts collecting interest. Fifteen families filed lawsuits against a New Mexico nursing home for COVID-19 deaths, saying the facility downplayed the severity of the virus. Linking to a non-federal website does not constitute an endorsement by CDC or any of its employees of the sponsors or the information and products presented on the website. Instead of a legal motion questioning the charges, Turgeon sent the court a handwritten letter on a sheet of notebook paper asking the hospital to settle the case. So she hired a lawyer who filed a motion to overturn the default. "That's total horseshit," Moore declared. "Even something as simple as taking our kids to eat at McDonald's, we can't do that anymore," she said. The HAC Reduction Program encourages hospitals to improve patients’ safety and reduce the number of conditions people experience from their time in a hospital, such as pressure sores and hip fractures after surgery. In a statement to CNN, CHS said its hospitals only sue a "small fraction" of the patients they treat every year, and that they work to provide assistance for those who can't afford their bills. In New York, the state government. Jennifer Alegria was sued for $146,000 by a CHS-owned hospital in North Carolina. She said she also fell behind on medical bills from other health providers during her cancer "nightmare," but the CHS hospital was by the far the most aggressive in trying to collect, and the only one to sue her. Many defendants were either uninsured or owed large co-pays or deductibles. Shands Lake Shore Regional Medical Center, which has served the small northern Florida community of Lake City since 1911, shut its doors as the number of patients declined over the years -- and as the pandemic put a financial strain on many small and rural hospitals. But the flow of lawsuits from the CHS subsidiary -- which still describes itself in court documents as "doing business as Bayfront Health St. Petersburg" -- has continued, with new lawsuits filed as recently as last week. ", CHS, which is based in a Nashville suburb, is a for-profit company that was founded in 1985. Doctors say that hospital-acquired Covid-19 is a significant problem and that patients have died after becoming infected that way. "Most of the people being sued are exactly those people... it just rains economic havoc down on them.". In England, South Tees Hospital Trust has had seven separate outbreaks of Covid-19. But many patients failed to fill out a form outlining their finances that could make them eligible for those reprieves or other aid, it said. In another letter to an Oklahoma court in October, a former patient being sued by CHS hospital AllianceHealth Clinton wrote that her partner had been laid off because of pandemic shutdowns, she was working part-time at a job that offered no health insurance, and she was struggling to pay each month's rent. The case, filed in the Riverside County Superior Court, is the first against a national health-care company, according to the Service Employees International Union, which initiated the suit on behalf of its 97,000 members. Robin Bull, a part-time nurse, remembered an ambulance "coming and going constantly" on one especially scary morning, rushing residents to Moberly Regional Medical Center, the local hospital. The total number of lawsuits filed dipped in the spring of 2020, as many courthouses shut down in the early days of the pandemic, but then picked up again in the summer and fall. The court system is anticipating a tsunami of COVID-19 related lawsuits in the coming year but how successful they will be is a great unknown. The extent of hospital-acquired, or ‘nosocomial’, Covid-19 infections and deaths in the pandemic’s first wave led to an HSIB investigation and … CHS is hardly the only hospital group that has sued patients, but experts say its aggressive legal strategy stands out. The company's six Alabama hospitals filed at least 4,900 lawsuits during all of 2020 and the first four months of 2021, but the state's court case search system does not make it possible to identify how many were filed after the pandemic gripped the U.S. or how many were debt-related. Hospital-acquired COVID-19 represents a serious public health issue, which is a problem that could create reluctance of patients to seek hospital treatment for fear of becoming infected. Other cases see the hospital dismiss the lawsuit in exchange for defendants agreeing to a payment plan. Other CHS subsidiaries in Florida, New Mexico, Pennsylvania, Tennessee and Texas also continued to sue former patients after the hospitals they ran were sold to other companies over the last year. The suit also says the hospital was negligent. Hospital management allegedly pressured one plaintiff, Ray Valdivia, into working despite exhibiting Covid-19 symptoms, the suit says. The hospital caused "substantial, life-threatening harms to the health and safety" of the workers as well as to the community, the suit alleges. It adds that Valdivia got tested, worked one shift, and then received the second test results, which showed a positive reading. But on May 10, Ray LaRussa, 75, had a fever and was so sick at the Sarah Neuman Nursing Home in Mamaroneck that he was rushed to the hospital. 5 million to resolve false claims allegations, here are the latest healthcare industry lawsuits … A lawyer for the hospital told them how much they owed. Jennifer Alegria, a chef and manager at a cafe in North Carolina, didn't have health insurance when she found a lump in her breast several years ago. But in November, he texted me: “I have a temp of 100.6 just now . Keith Birmingham | MediaNews Group | Pasadena Star-News via Getty Images, Former FDA chief Scott Gottlieb on how colleges can handle coronavirus outbreaks, similar suit filed by the New York State Nurses Association in April. At its peak in 2014, it operated more hospitals across the U.S. than any other company, according to Modern Healthcare, a trade publication. Matheson says she lost her hospice care job due to the pandemic, and that the couple is barely able to make ends meet with the new expense. It says the hospital also failed to alert staff to possible Covid-19 exposures and pressured staff who had symptoms to return to work. The couple asked the hospital to let them pay $50 a month, but Matheson said they were told the minimum payment was $100 a month. Riverside Community Hospital said it disputes the claims, and "we will defend it vigorously. "We have observed deterioration in the collectability of patient accounts receivable for uninsured patients in comparison to pre-pandemic levels as the result of adverse economic conditions arising from the COVID-19 pandemic," the company wrote. Elsewhere, the hospital chain's subsidiaries quickly moved to garnish defendants' paychecks after a judgment. "Each of the individual Plaintiffs is a member of a racial minority group, making them statistically more likely to contract COVID-19, and more likely to suffer serious symptoms, including death.". It also accuses management of pressuring staff to ignore safety precautions to meet quotas. The trust has already reported a number of serious incidents involving hospital-acquired covid. In another, a patient who had shared a bay with someone who developed covid then died from the disease. By the time the debt is repaid, "he's going to be old," Matheson said of her fiancé. "Having this huge bill looming over my head -- it's been stressful, it's been heart-sickening.". Local lawyers file claims for bills, including an affidavit from a hospital custodian of records. That strong financial result led to the company's top executives earning millions of dollars worth of bonuses, according to, One reason for the success: CHS has been buoyed by taxpayer support. "I can't think of a worse thing a hospital system can be doing than suing patients for medical bills during a pandemic and a recession," said Caitlin Donovan, the spokeswoman for the National Patient Advocate Foundation, a patients' rights group. Got a confidential news tip? Nationwide, roughly three-fourths of the company's hospitals have filed at least a dozen lawsuits against patients since March 2020. To identify cases, CNN searched court records for lawsuits brought by a list of about 100 CHS subsidiaries, including those operating the company's 84 current hospitals and others that ran more than a dozen facilities that CHS sold or closed during 2020 and early 2021. But Daniel Moore, a lawyer in Poplar Bluff, Missouri, who has defended dozens of low-income defendants sued by the CHS-owned Poplar Bluff Medical Center, laughed out loud when a reporter read him the company's claim that it doesn't try to collect from people who can't afford to pay. "It's like Marie Antoinette saying, 'if somebody came to me begging for food, I would give them cake,'" Makary said. One of America's largest hospital chains, Community Health Systems, has filed at least 19,000 lawsuits against patients in the last year, a CNN investigation finds. CNN found about 24,000 lawsuits filed by the company's hospitals, including more than 19,000 filed on or after March 13, 2020, when the federal government declared a national emergency over Covid-19. However, the Guardian newspaper reported that the proportion of covid-19 infections acquired in hospital was between 10% and 20%, although NHS sources told the paper that the figures were skewed by poor infection control procedures at one single trust … Hospitals owned by Community Health Systems, Inc., one of America's largest hospital chains, have filed at least 19,000 lawsuits against their patients over allegedly unpaid medical bills since March 2020, even as other hospitals around the country have moved to curtail similar lawsuits during the coronavirus pandemic, a CNN investigation found. Six years later, CHS sold the hospital to a nonprofit hospital group, Orlando Health, in a deal that was. L. Ragan Dudley, the lawyer who represented the Jurgens, said he wondered whether the hospital would have discovered other billing errors in the dozens of other lawsuits it filed last year if more of the patients being sued had lawyers. A Division of NBCUniversal. Cuomo repeals nursing home and hospital COVID-19 liability protections. In some states, defendants' debts piled on with attorney's fees and interest. A group of health workers and their union sued the nation's largest hospital chain, accusing an HCA Healthcare medical center of recklessly endangering staff and patients by violating federal coronavirus guidance on protective equipment. The company made $511 million in net income last year, a big swing after four straight years of annual losses. It also "led to the death of a worker from COVID-19, depriving her family of future economic and non-economic benefits.". Other hospitals around the country have publicly said they will avoid suing patients during the coronavirus pandemic. While the lawsuits were filed during the pandemic, they are typically over years-old medical bills. Several months later, the hospital admitted it had made a mistake. BayFront Health in St. Petersburg, Florida. 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