Class Action Alert: Consumer Class Action Filed Against Envision Healthcare Corporation Over "Balance Billing"

February 12, 2018

 

NEW YORK, NY – February 12, 2018 – Kaplan Fox & Kilsheimer LLP announces that a class action was filed Thursday, February 8, 2018 in the United States District Court for the Middle District of Florida against physician staffing firm Envision Healthcare Corporation and its affiliates, EmCare Holdings Inc., Emcare Inc., and Baxley Emergency Physician Services LLC, (collectively, “Envision”).  Plaintiff’s Complaint alleges that Envision manages hospital emergency departments in Florida, which includes treating patients and providing administrative services, such as billing and collections for emergency medical services rendered. The complaint generally alleges that Envision violated Florida law when “balance-billing” patients for emergency medical services. 

The Complaint alleges that “balance-billing” occurs when a healthcare provider holds a patient liable for any remaining charges not covered by the patient’s health insurance company.  Balance-billing most often occurs when a patient receives medical care outside their insurance network.  However, the Complaint alleges that even when patients obtains emergency treatment at an in-network hospital, they may still be balance-billed because unbeknownst to the patient at the time of treatment, the treating physicians was affiliated with or employed by Envision.  Accordingly, even patients that sought in-network healthcare may receive surprise medical bills weeks or months later.  The Complaint alleges that Florida is one of several states that has passed laws to prohibit providers, like Envision, from balance-billing emergency room patients due to their lack of choice in obtaining in-network medical treatment in emergency situations.  

According to the Complaint, Envision has consistently ignored Florida’s balance-billing law by continuing to deceptively and fraudulently bill and collect payments from former patients.  As a result of Envision’s actions, the Complaint alleges that former patients are owed damages for amounts collected by Envision for its unlawful balance-billed charges. Plaintiff seeks damages on behalf of all Florida patients impacted by Envision’s practices and an injunction preventing Envision and its affiliates from balance-billing patients in the future.  

The patient-consumers are represented by Frederic S. Fox, Laurence D. King, Donald R. Hall, Matthew B. George, and Aaron L. Schwartz of Kaplan Fox & Kilsheimer LLP, and Marc A. Wites of the Wites Law Firm.  Plaintiff’s counsel has extensive experience in prosecuting class actions and recovering damages for affected consumers. 

Plaintiff’s counsel is also investigating whether Envision violated balance-billing laws in other states, including California, Illinois, and New Jersey.  Consumers who would like more information about this lawsuit or investigation should visit www.kaplanfox.com or call Aaron L. Schwartz at (800) 290-1952.

For more information about this press release or lawsuit, please contact: 

Frederic S. Fox
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, New York 10022
(800) 290-1952
(212) 687-1980
Fax: (212) 687-7714
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Laurence D. King
KAPLAN FOX & KILSHEIMER LLP
350 Sansome Street, Suite 400 
San Francisco, California 94104
(415) 772-4700
Fax:  (415) 772-4707
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Marc A. Wites
WITES LAW FIRM 
4400 North Federal Highway
Lighthouse Point, FL 33064
Telephone: (954) 526-2729
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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