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Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by tromp on Saturday May 21, 2022 @04:29PM (#31461505)
> Before her surgery, Ms. French signed two service agreements promising to pay “all charges of the hospital.”

> In Centura’s view, the service agreements “were unambiguous and French’s agreement to pay ‘all charges’ ‘could only mean’ the predetermined rates set by Centura’s chargemaster,” the court said.

> But the court found that Ms. French wasn’t responsible for paying those rates because she didn’t know the chargemaster even existed and hadn’t agreed to its terms.

> “Indeed, Centura representatives testified that the chargemaster was not provided to patients, and in this very litigation, Centura refused to produce its chargemaster to French, contending that it was proprietary and a trade secret,” Justice Richard L. Gabriel wrote.

Beyond ludicrous...

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by pevey on Saturday May 21, 2022 @05:03PM (#31461780)
It’s amazing that any of these “agreements” are ever upheld by courts. As standard procedure, you have to agree to any and all charges, but in most cases they refuse to give any estimate of what those charges might be. They are “trade secrets.” But if you don’t agree, you cannot get lifesaving care. It is unconscionable. In this case, she is lucky they gave her that insurance estimate. Usually they refuse specifically for the reason of what happened in this case. They expect you to agree to pay whatever they decide later. And people keep trying to argue the US has a great healthcare system. It is beyond broken. The very rich don’t have to worry, the very poor don’t have to worry. The rest of us can get screwed if we have the very bad luck of being US citizens who happen to get sick or into an accident.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by user3939382 on Saturday May 21, 2022 @05:17PM (#31461916)
Totally agree. All these agreements are signed under duress and ask the signer to agree to pay an amount while making it impossible for the signer to know whether that’s possible.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by babyshake on Saturday May 21, 2022 @07:04PM (#31462972)
If you don't sign and you need treatment to live, aren't doctors obligated to treat you per the Hippocratic oath?
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by cool_dude85 on Saturday May 21, 2022 @07:08PM (#31463020)
Are you dying, like, right now? Or are you just going to die in a few months? Come back when you're dying.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by agiamas on Saturday May 21, 2022 @05:54PM (#31462287)
agreed. You are under huge distress and don't have a viable alternative and your life is in danger and you sign what is really, a contract to pay with the amount to be paid being blank. So essentially and legally speaking, how is this different than blackmail?
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by SemanticStrengh on Saturday May 21, 2022 @06:27PM (#31462596)
is there a limit? Can you legally enforce a hidden 1 billion dollar debt to someone?
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by drdec on Saturday May 21, 2022 @06:35PM (#31462679)
It would be dischargeable in bankruptcy so there is a practical limit.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by JJMcJ on Saturday May 21, 2022 @06:44PM (#31462791)
Usually courts won't uphold "unconscionable" charges.

Charge someone $1 billion to change a tire. Nope, nope, nope, as an example.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by SemanticStrengh on Saturday May 21, 2022 @08:11PM (#31463541)
but somehow 229K is Okay? Where is the limit
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by JJMcJ on Saturday May 21, 2022 @09:31PM (#31464025)
Hospitals seem to have the world hypnotized.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by chimeracoder on Saturday May 21, 2022 @06:44PM (#31462780)
> And people keep trying to argue the US has a great healthcare system

I've never heard anyone argue that the billing and payment aspects of the US healthcare system are great.

I have heard people argue that the quality of care (by various metrics) or availability of services are great, but that's a different argument, and not mutually incompatible with having a broken payment and billing infrastructure.

> The very rich don’t have to worry, the very poor don’t have to worry.

I'm not sure how you're arriving at the conclusion that "the very poor don't have to worry"

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by prepend on Saturday May 21, 2022 @06:30PM (#31462623)
> And people keep trying to argue the US has a great healthcare system.

I’ve never heard anyone argue this. The common argument is that it really sucks and that proposed changes suck as well. So the argument isn’t “don’t change because it’s great.” The argument is “It’s terrible and I’m worried that if you change it, it will get worse.”

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by tomxor on Saturday May 21, 2022 @06:47PM (#31462819)
I've come across a number of HN commenters claiming US healthcare is better than the EU or UK. I'd argue it's pretty broken compared to both. The UK's NHS is far from perfect yet serves the majority of people well without bankrupting them. Countries of the EU will have varying quality of healthcare, yet I'd still trust them over the US due to my fear of the US's highly profit driven system (which can cost you more than money).

I suspect those claiming US healthcare is superior are able to pay quarter of a million without blinking - however they still run the risk of unnecessary surgery and aggressive prescription of addictive substances.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by BobbyJo on Saturday May 21, 2022 @07:05PM (#31462979)
I think we can separate the administration of the care from the are itself. I believe the US has among the best care. I also believe our administration of said care is among the worst, if not the worst.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by tomxor on Saturday May 21, 2022 @07:14PM (#31463073)
True, I wouldn't be surprised if the US was amongst the lead in quality of medical procedures - when that procedure is necessary... but beyond administration, there have been numerous instances of doctors being exposed for electing patients for unnecessary procedures driven by profits, and other procedures being recommended when scientific evidence suggest the procedure has no clear benefit - no matter the quality of surgery, it always comes at significant risk and cost to your body, it's not a magic wand; it's a traumatic intervention that requires your body to go through a lot of recovery with possible lasting effects. This can be true to a lesser extent for less severe medical interventions too.

So my point is, what use is excellent "care" if not only it's life endingly expensive, but it's also prescribed immorally to the point of actually causing harm!

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by robocat on Saturday May 21, 2022 @08:00PM (#31463459)
One measurement for medical intervention is caesarean births versus natural births by mother’s age, which hugely jumped in the states in the 2000’s: https://www.statista.com/statistics/206438/us-cesarean-deliv... (although rates are highly influenced by consumer demand?). Chance of caesarean jumped in percent from ≈⅔age to ≈age (e.g. ≈20% for 20 year old). High variation between states, although some of that might be state demographics of mothers: https://www.cdc.gov/nchs/pressroom/sosmap/cesarean_births/ce...

And a comparison against caesarean rates in OECD, which can be higher rate of caesarean per birth: https://www.statista.com/statistics/283123/cesarean-sections...

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by jghn on Saturday May 21, 2022 @07:07PM (#31463008)
The people who make this claim will cite easier access to desired procedures, and higher quality treatment. They will then make the claim that care is rationed in other countries, and point at some anecdote about someone who had to wait a year for an MRI or wasn't allowed to get the optimal treatment.

These arguments are at best disingenuous

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by emilsedgh on Saturday May 21, 2022 @06:47PM (#31462827)
Every time the Single Payer option is this discussed, you hear people say how care in Canada and UK is broken, indicating that it's fine in US, which is not the case.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by 88913527 on Saturday May 21, 2022 @05:20PM (#31461943)
You can always try a different hospital for better service. Of course this won't work in situations where timing is critical, but most surgery is scheduled. We might as well treat it for the business that it is. If they can't give you a reasonable estimate up front, then don't sign the paperwork. If they care about earning your money they will negotiate with you, and it's always better to negotiate terms up front proactively than deal with it reactively. The strongest power a consumer has is to vote with their money.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by AlotOfReading on Saturday May 21, 2022 @05:42PM (#31462162)
You can try to comparison shop all you want, but no hospital will give you details in the chargemaster if they aren't legally obligated to.

Even if you are in a position to shop around, journalists have documented their futile attempts to do price estimation for routine procedures. Here's one example: https://youtu.be/Tct38KwROdw

There have been recent laws that requiring publishing some of that information (which are being heavily contested), but comparison shopping remains effectively impossible in the US.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by bcrosby95 on Saturday May 21, 2022 @05:30PM (#31462054)
I'm not sure it exists. Every hospital I've ever contacted is a complete shitshow and can never accurately tell you the price of something ahead of time.

Dealing with our fertility doctor was great though. They knew the price of everything. But they were ran out of an office, not a hospital.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by pevey on Saturday May 21, 2022 @05:48PM (#31462238)
It’s funny how anything elective or cosmetic is like that. To be clear, infertility is a serious medical condition, and I’m not making light of it. The distinction I’m making is an economic one. When patients have more choice as to whether to even be a patient, you see much, much more consumer-friendly openness about pricing. So it is possible. Fertility treatment is a great example. So is elective eye surgery. These areas of healthcare are very different from the “sign your life away now and we’ll send you the bill later” standard of most healthcare.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by cma on Saturday May 21, 2022 @07:15PM (#31463082)
If something goes wrong in the surgery and you need emergency care do they just cover it free through their own for of elective surgery insurance, or is it an opaque cost?
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by lstodd on Saturday May 21, 2022 @06:21PM (#31462529)
This reminds me of the situation with the telecoms in the east europe - it's almost the same. There were no incumbents, so both internet access and private healthcare are leagues above US. It's just not comparable. Also include online banking here.

You need stuff done - you go and get it, end of the story. No bullshit, no courts, no nothing, and it's orders of magnitude cheaper.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by helloworld11 on Sunday May 22, 2022 @08:51AM (#31467589)
Bascially, the joys of free, open, not schizophrenically regulated market mechanisms and competition, unlike the U.S. healthcare system, which despite many common claims to the contrary is a shitshow of protectionism, half-assed regulation regimes and all sorts of bizarre half-measured meddling.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by JJMcJ on Saturday May 21, 2022 @06:47PM (#31462820)
Dentists can usually give precise charges.

Kaiser Permanente usually has a precise copay for just about anything they do. So you have a good idea what the charges will be going in. And nothing like an extra $10,000 because one of the surgical team was "out of network".

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by BigBubbleButt on Saturday May 21, 2022 @05:28PM (#31462028)
You're assuming the hospitals don't all do this. You're basically discussing market dynamics with a legalized cartel.

This is like when people point out problems with fiat currency which are very real, and then people suggest theoretical solutions from cryptocurrency. It doesn't actually help solve the problem in any meaningful way, and you are living in an alternate reality from the problem space we are discussing.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by 88913527 on Saturday May 21, 2022 @05:31PM (#31462064)
People say it's impossible to negotiate prices at modern grocery chains. They only had brand name lactose supplements. The manager gave me a hard time about it, I asked about a price matching policy, shrugged, and let me pay the generic price. I'm sharing this anecdote because I don't think people try hard enough and you might be surprised if you do. You won't win every time, but try asserting some authority.

By assuming markets are so rigged against you, it discourages people from even trying. Price discovery can only happen if you attempt to be firm. If you'll roll over instantly, then sure, they can do as they wish.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by BigBubbleButt on Saturday May 21, 2022 @05:33PM (#31462085)
I've had the misfortune of suing insurance companies in the past; I'm very aware of how the system works. You are technically correct. It's just that you're grossly exaggerating exceptions as though they will ever be useful to a majority of people.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by johnnyo on Saturday May 21, 2022 @05:57PM (#31462321)
I tried this exact thing when my wife was going to have a baby.

None of the hospitals within 100 miles, the doctors, or the the insurance company would give me so much as an estimate, and this is for something that they do every day.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by est31 on Saturday May 21, 2022 @05:25PM (#31461990)
> If they can't give you a reasonable estimate up front, then don't sign the paperwork.

That's the issue, they don't give you estimates that they are actually bound by.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by 88913527 on Saturday May 21, 2022 @05:27PM (#31462027)
And if you're an hour away from being in the operating theater, and they have all the specialists there, and in that moment you choose not to sign-- it's more their problem than yours.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by FredPret on Saturday May 21, 2022 @05:51PM (#31462268)
…no it isn’t? You need to get surgery, they want to provide surgery
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by crooked-v on Saturday May 21, 2022 @06:25PM (#31462570)
That's what makes it your problem. They can just say 'no' until you sign the document agreeing to pay whatever they bill you later.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by OJFord on Saturday May 21, 2022 @06:42PM (#31462760)
I think GGP commentor typo'd - it says the opposite at time of writing.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by Chris2048 on Saturday May 21, 2022 @06:34PM (#31462669)
They'd likely ask you to sign way before that..
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by pclmulqdq on Saturday May 21, 2022 @05:58PM (#31462328)
This whole nonsense with chargemasters is an industry standard practice. It's hard to find a hospital that will open the book for you.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by toss1 on Saturday May 21, 2022 @06:24PM (#31462561)
No, you cannot

I have no time to look it up RN, but I read a few years ago about a new hospital President/CEO who literally could not get a cost/price list for the services their hospital provided - obviously a key management data set, yet it did not exist.

Just because you think something SHOULD exist, does not mean that it does.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by JJMcJ on Saturday May 21, 2022 @06:50PM (#31462847)
The cost accounting for most hospitals is totally opaque. How do you assign overhead to each activity? Does the ER make or lose money?

How much of a nurse's time to give patient a Tylenol? Zero? Five minutes? And how much does that nurse's time actually cost the hospital?

Nobody has the slightest idea.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by ClumsyPilot on Sunday May 22, 2022 @09:50AM (#31468177)
> How do you assign overhead to each activity?

Every business has to deal with this problem, and hospitals have already done so, because they do somehow come up with the amount to charge you.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by toss1 on Monday May 23, 2022 @09:22AM (#31478684)
This SHOULD be true, but it is not.

Once again, SHOULD =/= IS

Just because they quote charges does NOT mean that they have solved the problem or that the charges are accurate.

There is absolutely nothing that requires the charges to have any relation with the actual costs, even if they are known, particularly at the item level. Only the total charges must exceed the total costs (less any external support e.g., from govt, philanthropy, grants, etc.), and that is on a basis of multiple years before any serious reckoning happens.

IOW, they can and in fact do literally just make it up. Also, charges that are heavily scrutinized may have some relation to costs, but other charges may be "just add a few zeros" to make up for it.

If you have some detailed and complete internal accounting data from any major hospital that proves me wrong, please post it. But when I read about congressional testimony that a CEO of a hospital literally cannot get the same data that you claim exists because 'of course it's been solved because every other business solves it', I find it difficult to believe you.

I can also state from running a business that the relationship of costs to charges is very loose. Sometimes I will sell things below cost for a number of reasons, and for some customers (e.g., those with high bureaucratic overhead requirements) the charges will be substantially higher. And when those charges are made, I may do detailed studies of what the increased costs are, or I may just say "one data point shows that's going to cost 4% more, but I don't like it, so add 7% - basically a whim. And no one in the world besides me knows the difference (and I forget about it after a few cycles and it becomes the baseline). So, yeah, perhaps stop posting speculation.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by JJMcJ on Monday May 23, 2022 @02:53PM (#31483434)
Regulated utilities, for example, are under constant scrutiny to be sure that they are allocating costs appropriately, and that any subsidies conform to public policy.

Somehow the medical industry has so far largely avoided such oversight.

Even within a single enterprise, misallocation of costs can lead to inefficiencies.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by JJMcJ on Sunday May 22, 2022 @12:20PM (#31469795)
The possibilities for manipulation?

Or simple overcharging.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by Gention on Saturday May 21, 2022 @06:14PM (#31462481)
You need to wake up and stop accepting this as normal or okay.

Hospitals are not just any business and if it starts to hurt us as a society we need to interven.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by patentatt on Saturday May 21, 2022 @05:40PM (#31462151)
Maybe in some libertarian dream land only, not in reality. You think a hospital will personally negotiate rates ahead of time with a single patient? Absolutely fictitious.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by 9dev on Saturday May 21, 2022 @07:02PM (#31462961)
Huh? Over here in Germany, every single step of a treatment is documented and has country-wide standard rates. The actual cost depends on the specifics of the treatment, expressed in various parameters like required personell and their working time, goods used, complexity etc. In the end of course the insurance company pays for everything, but you still get to see how much everything costs - insurers are of course very keen to keep costs down. On the other hand, I know a few MDs which constantly complain how much of a hassle it is to document everything, but live over here in „liberarian dream land“ is very much real and a joy as the patient.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by polski-g on Saturday May 21, 2022 @06:12PM (#31462457)
They could offer a flat rate based on the length of the procedure...
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by bshep on Saturday May 21, 2022 @05:03PM (#31461781)
I wonder what would happen if a patient swapped the form with an identical looking form with different verbiage, making the hospital responsible for any overage past what insurance would pay.

I very much doubt anyone would catch it until the bill was contested later. What would a court say? Would it be as legally binding as the standard document?

Edit: Or imagine a disgruntled employee in the copy room changing the form?

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by b3morales on Saturday May 21, 2022 @05:17PM (#31461915)
The hospital would most likely have a very easy argument that since it's not actually their standard form and you didn't tell them about it, they didn't accept the agreement in any way. And they'd probably try to get you for fraud as well.

See also https://xkcd.com/1494/

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by nrmitchi on Saturday May 21, 2022 @05:42PM (#31462163)
So I guess the standard "you should have read the terms and conditions before you signed the form" only applies in one direction eh?
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by ajross on Saturday May 21, 2022 @05:48PM (#31462232)
If you present a contract to the hospital and explain that these are your terms, and a reasonably understood officer of the business signs it, then sure: they're on the hook. Contracts are contracts, and the law gives great weight to consent, even in circumstances like this where it's not clear a real negotiation happened.

The idea above was about "swapping" some random document in for the standard form and presenting it to them as if it was their document. That's not good faith negotiation, that's just fraud.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by drdec on Saturday May 21, 2022 @06:40PM (#31462746)
You don't need the new document to hold up in court, the gambit is to deprive them of having your legal agreement.

Granted, a court might still see that as fraud, IANAL.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by ajross on Saturday May 21, 2022 @06:57PM (#31462915)
And again, refusing to sign a contract while presenting to a business as if you did for the purpose of getting out of the payment agreement is simply fraud. It's not even arguable.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by rowanG077 on Saturday May 21, 2022 @06:10PM (#31462434)
If you gave back a different form and the hospital doesn't bother to check it's their fault. Sending back amended contracts back to back during negotiations is completely normal.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by resoluteteeth on Saturday May 21, 2022 @06:31PM (#31462642)
There is a difference between informing them you are modifying it or sending back a clearly edited version and stealthily modifying it in the hopes that they won't notice.

I don't think it's going to hold up if you surreptitiously modify it in bad faith.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by kadoban on Saturday May 21, 2022 @05:26PM (#31462008)
Negotiating the terms of contracts isn't fraud. Neither is refusing their insane terms, no matter how "standard" they want you to believe they are.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by brazzy on Saturday May 21, 2022 @05:35PM (#31462096)
Swapping forms in secret is the opposite of negotiating.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by kadoban on Saturday May 21, 2022 @05:47PM (#31462214)
That's true. But then again, "sign this or you're dead" isn't negotiating either.

The most honest behavior would probably be to mark additions or changes on the form they give you, if they'll fit.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by ClumsyPilot on Saturday May 21, 2022 @05:49PM (#31462243)
What do you mean in secret? The person explicitly talks about providing the hospital with alternative agreement. It is their responsebility to read everything they sign, just like it is the patient's
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by brazzy on Sunday May 22, 2022 @02:00AM (#31465284)
The comment I was referring to: https://news.ycombinator.com/item?id=31461781

Verbatim quote: "I doubt anyone would catch it".

That is not negotiating, that is fraud.

It is absolutely not your responsibility to check for the case that you give someone papers to sign and they give you back something different unless they tell you so.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by jtc331 on Saturday May 21, 2022 @06:35PM (#31462677)
It’s not secret. This is standard contract negotiation (sending along a new draft).
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by paisawalla on Saturday May 21, 2022 @07:15PM (#31463088)
Correct. Sending a new draft along with a message saying "here are our revisions," is standard contract negotiation. You would have no case that the new terms were consented to.

It's amazing that you people are still arguing this in earnest so far down the thread. Can you think for a second what the implications of this would mean for society, if it were an acceptable form of "negotiation"? It would be even worse for the ordinary little people.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by brazzy on Sunday May 22, 2022 @02:03AM (#31465298)
If you explicitly tell the other side that there are changes, sure.

But the comment I was referring to talked about "swapping" the papers and said "I doubt anyone would catch it". That does not sound like negotiating in good faith to me.

https://news.ycombinator.com/item?id=31461781

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by Peku on Saturday May 21, 2022 @05:10PM (#31461843)
There is a story is someone doing something similar with their credit card [1].

Not sure how well something like this would fly in the states, but it would be interesting.

[1] https://www.nasdaq.com/articles/updated-russian-man-turns-ta...

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by TheOtherHobbes on Saturday May 21, 2022 @06:25PM (#31462569)
IANAL, but I suspect it's deceptive if the changes were deliberately hidden and there is no notification of them.

For example - if someone agreed a contract, changes are made, and they were pressured to sign without reading the document.

If changes are flagged and/or highlighted it would stand a reasonable chance of being valid. Likewise if the patient sent a cover email/letter saying "This is my standard contract."

Because these exchanges are bureaucratic, it's quite likely the changes wouldn't be noted - or might possibly be automated.

It could be argued that's a failure of diligence by the hospital rather than fraud.

And it's also clearly unconscionable to expect patients to sign a literal blank check with an open amount without anything resembling a credible estimate. That's simply unenforceable.

All of this underlines why single-payer is the only viable system. Without it a few people get extremely rich with huge financial and social costs to everyone else - which is not freedom, it's forced tribute and subsidy.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by Vecr on Saturday May 21, 2022 @05:11PM (#31461869)
It would have to be signed by both sides to count. I've done it before, but you can't just try to sneak things through if they don't sign.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by bshep on Saturday May 21, 2022 @05:12PM (#31461879)
In my experience these forms are only signed by patients, so why are they valid in those cases?
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by lisper on Saturday May 21, 2022 @05:18PM (#31461922)
The signatures per se don't really matter. What matters in contract law is if there was an actual agreement. The signatures are just evidence that there was an actual agreement. They are neither necessary nor sufficient. This is why verbal agreements can be binding contracts, it's just that these are harder to enforce because it's harder to show that a verbal agreement was actually entered into.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by DennisP on Saturday May 21, 2022 @05:41PM (#31462155)
Well if the patient swapped the form, it would be pretty clear they didn't actually agree to the terms of the original form.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by cperciva on Saturday May 21, 2022 @05:49PM (#31462245)
And if they swap the form in secret in order to trick surgeons into performing an operation which they haven't agreed to pay for, it's pretty clear that they're committing fraud.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by mindslight on Saturday May 21, 2022 @07:17PM (#31463108)
Fraud is a strong claim, and it's not clear that there is even an implied contract formed - a contract requires defined consideration. An arbitrary amount conjured out of a hat after service is not well-defined consideration.

From my understanding, the medical billing system is so fucked precisely because hospitals bought laws making it so they can arbitrarily bill patients without forming a proper contract (otherwise there would be no way to charge someone who was admitted while unconscious). In the absence of such laws they'd have to fall back to an unjust enrichment claim, under which it would be pretty hard to justify charging someone $25 for an aspirin.

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by jtc331 on Saturday May 21, 2022 @06:36PM (#31462693)
People keep saying “in secret” but that’d only be true if it happened after it were filed or some such. Giving someone an amended contract isn’t fraud.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by cperciva on Saturday May 21, 2022 @06:39PM (#31462733)
Giving someone an amended contract isn't fraud, no. Giving someone an amended contract while making them think it hasn't been amended is a different matter, though.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by rowanG077 on Saturday May 21, 2022 @06:15PM (#31462484)
What do you mean "in secret"? The hospital received the form in full detail. There is nothing secret about it. It's like claiming the ToS are secret because none reads it.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by brazzy on Sunday May 22, 2022 @02:20AM (#31465388)
No, it's not at all like that. If someone hands you papers to sign and you give them different papers without telling them so, that is clear intent to deceive, which makes it fraud, or at minimum makes the contract void.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by criddell on Saturday May 21, 2022 @05:51PM (#31462265)
When I was registering as a new patient at a dentist, they gave me the standard form that would let them do things like contact my employer if I didn’t pay my bill on time. I stroked a bunch of that stuff out and initialed it.

If it ended up in court and they produced that form, would my amendments mean anything? Is it a contract when only one part signs it?

Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by ipython on Saturday May 21, 2022 @05:32PM (#31462072)
Can’t do that at our local hospitals. The forms are all computerized and your signature is captured on a small tablet.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by est31 on Saturday May 21, 2022 @05:40PM (#31462149)
What protects you from them swapping the forms then? All you gave them was a picture of your signature, they could add it to any form they'd want.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by missedthecue on Saturday May 21, 2022 @05:56PM (#31462318)
There really isn't anything anyone can preemptively do about someone else committing outright fraud. If that's their intent, all they need to do is photocopy a paper form with your signature on it, and move your signature anywhere they want.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by ipython on Sunday May 22, 2022 @11:17AM (#31469074)
Nothing, obviously. But I didn’t think this was a contest to see who could defraud the customer. Clearly we already established they can charge whatever they like, what more do you want? :)
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by Chris2048 on Saturday May 21, 2022 @06:36PM (#31462690)
IF they sign first there's no way to do the switch: the new form would be either missing their signature, or be an (illegal) modification if original terms.
Re:Surgery estimated cost $1,300. Then the Bill Came: $229,000 by Chris2048 on Saturday May 21, 2022 @06:31PM (#31462638)
> contending that it was proprietary and a trade secret

surely once a patient gets a bill (preferably itemized) the secret price of something is no longer secret.

Further, what ensures there even is a consistent price if they refuse to disclose it?