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Labombard v. Samaritan Health System8/6/1998
s" to mean, in 1998, something other than the "billed charges" or rates on file with DHS, even if Samaritan is correct that "customary charges" meant the DHS rates in 1972.
LaBombard presented evidence that, indeed, customary charges may be different from "billed charges." For example, Kristine Fiorentine, a lien representative for Samaritan, testified that Samaritan often accepts payment of less than its "billed charges," from health maintenance organizations, private insurers such as Blue Cross, and private patients. Samaritan, however, also provided some evidence that its "customary charges" are the same as its "billed charges," at least in this case. Samaritan presented an affidavit of Rose Ann Frank, an employee in Samaritan's Reimbursement Services Department. Ms. Frank avowed that Samaritan's bills are generated by a computer based on the rates on file with DHS, that these charges are Samaritan's "ordinary, usual and customary charges," and that the charges filed with DHS are billed to all of Samaritan's patients. Nevertheless, she admitted that Samaritan accepts partial reimbursement from certain insurance companies and governmental payors. The question, as we see it, is whether these partial reimbursements are "customary," such that, in actuality, Samaritan customarily charges its patients less than it bills them. If so, the question becomes, what is the "customary" amount of the reduction?
Because the parties presented conflicting evidence on this issue, the trial court erred in granting summary judgment on this issue. We remand to the trial court for findings of fact regarding whether Samaritan's "customary charges" are equal to its "billed charges."
D. Attorneys' Fees
LaBombard has requested an award of attorneys' fees on appeal. Because she has cited to no authority for her request, we deny it.
CONCLUSION
For the foregoing reasons, we affirm the trial court's holding that Samaritan is not estopped to assert its medical lien, as well as its holding that LaBombard is not entitled to equitable apportionment of the settlement fund. We reverse the trial court's holding that Samaritan is not required to share the costs and pay a portion of the attorneys' fees incurred in obtaining the settlement with State Farm, and remand to the trial court to determine the appropriate amount of costs and fees Samaritan must pay. We also remand to the trial court to determine whether Samaritan's "customary charges" are the same as its "billed charges," and, if not, to determine the amount of Samaritan's "customary charges" for services rendered to LaBombard. We deny LaBombard's request for attorneys' fees on appeal.
JON W. THOMPSON, Judge
Concurring
CECIL B. PATTERSON, JR., Presiding Judge
MICHAEL D. RYAN, Judge
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