Capito
Capito v. San Jose Healthcare System, LP
Opinion
Opinion
Liu, J.
Opinion of the Court by Liu, J.
An extensive scheme of state and federal law obligates hospitals to make specific disclosures about the prices of medical services, including fees for evaluation and management services (EMS) for emergency room patients. California’s Payers’ Bill of Rights (Health & Saf. Code, § 1339.50 et seq.) requires most hospitals in the state to publish online or at the hospital a “chargemaster” listing the uniform charges for its services. (See Health & Saf. Code, § 1339.51, subds. (a)(1), (b)(1); see also 42 U.S.C. § 300gg-18(e) [imposing similar requirements for Medicare participating hospitals].) The state law also requires hospitals to “post a clear and conspicuous notice in its emergency department” informing patients that the chargemaster is available for review and how it may be accessed. (Health & Saf. Code, § 1339.51, subd. (c); all undesignated statutory references are to this code.) The question here is whether hospitals have a duty, beyond what is required by the relevant statutory and regulatory scheme, to notify emergency room patients that they will be charged EMS fees. Plaintiff Taylor Capito argues they do. She filed a class action suit…