Torres

FACTS

In January 2018, Torres received emergency treatment and services at Hospital’s emergency room in Hanford. The emergency room did not contain a posted notice or warning that a substantial EMS Fee would be added to Torres’s bill on top of the individual charges for each item of treatment and services provided to her. Hospital presents a “Conditions of Registration” form (the Contract) to all emergency care patients, or their agents, and requests that they sign the form. A section of the form labeled “Financial Agreement” states in part:

“I accept financial responsibility for all services during this episode of care. I understand that I can expect to receive separate bills from physicians and specialty services. I agree to promptly pay all hospital bills in accordance with the regular rates and terms of the medical center and, if applicable, the medical center’s charity care and discount payment policies under state and federal law.”

2. Hospital subsequently billed Torres a gross amount (before discounts) of $23,455.73 for the treatment and services provided. The summary billing statement sent to Torres did not identify or disclose the EMS Fee. Torres requested an itemized…