Britcher Leone, LLC
Call Today For A Free Consultation
Glen Rock, Local: 201-444-1644
Parsippany, Local: 973-898-1766
Toll Free: 877-963-3625
October is Breast Cancer Awareness Month

Overbilling Uninsured and Self Pay Patients

Photo of Armand Leone

Health care prices charged by hospitals and physicians for care provided to uninsured and out-of-network patients are more than 2.5 times what insurance companies pay and more than 3 times their actual costs. Unlike insurance companies, individuals are not able to negotiate a fair price.  Physicians do not obtain "informed financial consent" for their fees from self-pay patients before providing treatment. An unconscious patient or someone in need of urgent care simply is not in a situation where a meaningful discussion about the cost of care can be had. Patients do not have any information about the physicians' actual costs, and they do not have any ability to compare prices between providers. The law of implied contracts provides a fair way to price health care to people without insurance and prevent overbilling.

The law of implied contracts dictates that a patient should pay whatever price a prudent patient and physician would have agreed to if they had the appropriate time and relevant information to negotiate. The best way to prevent overbilling is to use a proxy for informed bargaining, namely the rates charged between providers and private insurers. Insurers are informed purchasers of health care and can negotiate fair market rates. Another method of pricing could be to use Medicare reminbursement rates to approximate the lower range of prices that a reasonably informed negotiation would produce.

The lack of discussion and transparency in the pricing of health care, although financially advantageous to the physicians, prevents individuals from being able to meaningfully negoatiate prices. Insurers and providers consider their prices confidential and do not disclose them. Individuals simply are unable to give informed financial consent to the prices charged for their care. Yet the higher prices paid do not increase the quality of care and do not reduce the risk of malpractice injuries. The doctrine of implied contracts should be used to determine the appropriate price for care and to prevent the overcharging of self-pay patients. The prices charged for health care should be what is custom in the industry, not what is the custom for the individual physician. The prices paid for health care  should not be kept secret, and a fair price should be paid by all.

2 Comments

i am having extreme financial difficulties and will have to droop my medical insurance. This i is quite risky sine i am in my early 60's. How do i know how much blood work doctor appointments anetc will cost out of pocket.

i know there is a price list but am also aware that there can be a 300% differential depending upon variables. How do I negotiate for something I cant pay for even if i obtain tthe best price possible. If i have an open bill i would like it to be as low as possible.

The problem has been that there is no consumer market place for healthcare. If you do not have insurance, there has no place for an individual to go to select a doctor based on training, service needed and price. The best one can do has been able to do is to go to the yellow pages or look online, but you can't comparison shop.

I recently learned of a company SnapHealth located at www.snaphealth.com that allows you to search for a doctor, shop for what you need, schedule appointments and save money by paying cash. These doctors list the services they offer and the price they charge. You select the right doctor for what you need.

Leave a comment
Comment Information
Contact Us

Britcher Leone, LLC

Glen Rock
175 Rock Road
Suite 4
Glen Rock, NJ 07452-1724

Toll Free: 866-713-1795
Toll Free: 877-600-7665
Phone: 201-345-5306
Phone: 201-444-1644
Glen Rock Law Office

Parsippany
7 Century Road
Parsippany, NJ 07054

Toll Free: 866-713-1795
Toll Free: 877-600-7665
Phone: 201-345-5306
Phone: 973-898-1766
Map & Directions