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Third Circuit approves higher hospital fees for uninsured patients.

Publication: Trial
Publication Date: 01-SEP-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
A hospital can charge uninsured patients more than it charges insured patients, the Third Circuit has ruled. In upholding a lower court decision granting summary judgment to the defendant hospital, the Third Circuit found that "courts are ill-equipped to determine what reasonable hospital costs are, or to make a policy determination on behalf of the legislative branch."

The appeals court adopted the trial court's opinion as its own, saying the district court's "rigorous and persuasive analysis correctly states the law with respect to [the plaintiff's] claims." (DiCarlo v. St. Mary Hosp., 530 F.3d 255 (3d Cir. 2008).)

In 2004, Justin DiCarlo entered St. Mary Hospital in Hoboken, New Jersey, after experiencing an increased heart rate. St. Mary is part of the Bon Secours Health System,...

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