Question
What is the name of your state? California
I have a question for which I would appreciate an answer.
Supposing X is rushed to the hospital in emergency condition and is unable to sign the admission papers, and if his/her relative Y signs the admission papers.
Then to what extent is Y financially liable to pay X's medical bills, if X's insurance denies coverage?
Answer
This forum is really not for all these hypothetical questions.
Y shouldn't be signing forms agreeing to pay if Y doesn't want to pay. End of story.
Answer
I'm ass/u/me'ing the question isn't hypothetical, and that the person just didn't want to go into extreme detail.
If Y signed a "financial responsibility" agreement, then Y is indeed on the hook. If they just signed a "consent for treatment" they are not. Y needs to find out what Y signed.
If you take someone to the ER, NEVER SIGN ANYTHING. Ever. Ever. Under any circumstances. Well, if it's your kid or something who youhave to sign for, then sure ... but not for anybody else.
They legally have to stabilize them no matter what you sign. Then, when X is stabilized, let X sign whatever forms are necessary when they are able to do so.
Any positives? Well, yes. Y can claim that in the heat of the moment or because of fear or duress they signed the form because they though it was necessary for X to receive treatment.
These arguements are frequently held up in court (heck even pre-nups where a spouse had a week to review the contracts are routine thrown out).
The Emergency Room forms are notorious for not holding water do to the manner in which they are presented to the signee, and the frame of mind and suitability of the person to enter a contract.
This doesn't mean that the hospital doesn't get paid. Usually the person receiving care (or their legal guardian) will be ordered to pay usual, customary, and reasonable fees whether they signed forms consenting to such or not. And implied consent is inferred by their mere presence in the establishment, and hospitals don't have to work for free if an unconcious patient is unable to sign. It is assumed that the person would want treatment, and that they would otherwise be aware that treatment isn't free.
I'm not even sure why they bother with those forms anymore. I think they are just to collect information so they can figure out who to start threatening first should payments not come in a timely manner.
Thanks a lot, FWIW. Indeed the question is not hypothetical, but pertains to a real situation. X is visiting from abroad and will return to home country soon and Y wants to know what he is liable for, since Y signed the forms.
The forms Y signed were:
1) Conditions of Admission and Authorization for Treatment
2) Disclosure of financial responsibility/release - This was a standard typed form with no specific name of X
3) Consent to emergency treatment
All that Y did was sign, did not provide ANY OTHER details, such as Social Sec #, not even printed name. There was no conversation with anyone, these forms were signed at a time when X was in such severe distress that it was not known if X would even survive.
Answer
If Y signed a "financial responsibility" agreement, then Y is indeed on the hook.
Thanks, FWIW.
Then, what is the "financial responsibility" agreement that you refer to.
Would it be a separate contract between hospital and Y, apart from the standard forms signed at the ER that I listed above.
Answer
X was brought to the ER in deep trauma, and was soon unconscious. X only came back to consciousness 4 days later.
So, X was never in a position to sign any forms. Y signed the forms and authorized treatment, since Y brought X to the ER, and the forms were presented to Y.
Among the 3 forms Y signed, the first mentioned - Conditions of Admission and Authorization for Medical Treatment - had the language "I agree to be responsbile for all costs incurred, yada, yada, yada".
Answer
X is the father of Y. So, Y was authorizing medical treatment of X as his health care "surrogate". But no formal power of attorney had been signed by X delegating this to Y.
As I mentioned the wording "I agree to be responsbile for all costs incurred ...", was part of the Conditions of Admission form, which also contains Consent to Medical and Surgical Procedures "I the undersigned consent to the procedures mhich may be performed ...."