Legal Question in Credit and Debt Law in California

I am in the middle of paying off a Medi-Cal "estate recovery" debt incurred by my sweet, late Mother. Despite the fact that her Medicare, Secure Horizons, Social Security and annuity checks went to the facility caring for her, she exceeded her Medicare "cap" and her heirs were sent a bill for over $20,000.00. We asked for an itemized list of her medical expenses and were told that HIPAA precluded the billing agencies from disclosing that information. In recent weeks, I read that the GAO "HAS NO IDEA" how much Medicare fraud is commited in the U.S. every year and is absolutely incapable of policing the program. The crack ho in the bed next to my Mom got the same care FREE - or, more accurately - on Mom's dime. I am really disinclined to allow this to happen and was wondering if anyone would be interested in filing a class action suit on behalf of that segment of the population that has to pay and pay and pay into a program that is patently corrupt.

Sally Hanson


Asked on 1/05/13, 6:06 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

Dear Ms. Hanson:

If you believe that you are being overcharged for the services provided to your mother, or that there is some sort of fraud or misconduct in your particular case, then I advise you to consult with an attorney who can help you pursue your claim.

I am surprised by the claim that HIPAA prohibits you, as the administrator of your mother's estate and the one paying the bill, from obtaining the information you requested. Again, you may wish to get a lawyer to investigate this matter for you more fully.

I see nothing in what you wrote to suggest that you have a claim based on the care that others have received, the cost of that care, or whether those other persons have paid for that care. Your claim, to the extent it exists, relies solely on the care provided to your mother and the charges associated with that care.

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Answered on 1/05/13, 6:40 am


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