DALLAS – A hearing to seal is slated later this month in litigation alleging Baylor Scott & White Health has been charging an “undisclosed emergency room facility fee” to patients.
Last May, Paula Chestnut and Wendy Bolen filed a proposed class-action lawsuit against Baylor Scott & White Health, seeking declaratory judgment that the medical provider’s billing practices are unconscionable.
The Frisco Medical Center and Texas Regional Medical Center are also named as defendants in the suit.
The plaintiffs contend Baylor Scott uses a “General Consent to Treatment” form with all emergency care patients, which fails to mention any surcharges added to the bill.
“Plaintiffs are informed, believe and allege that this substantial Surcharge is not based on the individual items of treatment or services provided to the patient, such as X-rays, laboratory services, sterile supplies and drugs,” the suit states.
“Rather, it is a Surcharge charged to emergency patients simply for presenting and being seen at any one of Defendants’ hospital emergency departments and such Surcharge is imposed on top of the charges for specific items of treatment/services.”
Court records show all of the defendants in the case recently filed unopposed motions to seal.
A hearing for Baylor Scott’s motion is slated for Nov. 20.
Baylor Scott is seeking the sealing order because its opposition to the plaintiffs’ motion for class certification contains exhibits with confidential information.
Baylor Scott is represented by Greenberg Traurig attorneys Peter Wahby, Karl Dial and Allison Stewart.
Arlington attorneys Daniel Blumberg and Peter Bagley represent the plaintiffs.
Filed in Dallas County District Court, case No. DC-19-07283.