Legal Question in Health Care Law in Florida

Can a DR's office refuse your treatment

I have a 17 yo pregant sister who picked out a Dr's office to care for her and deliver her baby. She has been seeing them since conception, upon entering her last month of pregancy they are refusing her treatment. There was a change in her insurance that they do not want to accept, (which a out of network authorization will be given per the insurance company)Now no other Dr will accept her as a new patient because of her being past due, of course the hospital can not refuse her service but they do not have OB Dr's there. She is under extreme stress now with all of this added pressure of not having a Dr. Can this office refuse her service after so long? When asked to get the out of network authorization their reply was they did not feel like it...


Asked on 1/20/04, 1:54 pm

1 Answer from Attorneys

Re: Can a DR's office refuse your treatment

The first thing I would do, if you haven't done so already, is speak to the actual Doctor about the situation--not the office staff. If your sister has prior authorization from the new insurance company and the physician is unwilling to see her, then it sounds like she may not have a positive relationship with the doctor. Under Florida law, HMOs are mandated to provide "continuity of care" coverage for third trimester pregnancies, which means the new insurance coverage must cover your sister in this situation. The crux here, though, is that the doctor is refusing to see her, not refusal of coverage by the insurer. Even though it's late in the game, your sister may want to think about getting another doctor if the doctor still refuses to see her. If the doctor is unwilling to do anything for your sister now just think about if she needs something from the doctor at the time of delivery.

There may be other options but it would be difficult to comment without knowing further details. Please feel free to contact me via email or phone to discuss further.

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Answered on 1/20/04, 2:38 pm


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