LEET v. HOSPITAL SERVICE DISTRICT NO OF EAST BATON ROUGE PARISH LLC (2021)

Writ application denied.

I respectfully dissent and would grant the writ. In this case, the hospital paid up immediately after suit was filed and thus took the “edge” off this writ application. But a writ denial by this court does not make law and I am confident that a recurrence of illegal billing practiced by a hospital will be addressed.

The application of ERISA is a red herring. As explained by the federal courts in Anderson v. Ochsner Health System, 11-2236 (E.D. La. 6/11/12), 2012 WL 2116173 and Williams v. Hospital Service District No. 1 of Tangipahoa Parish, 15-2268 (E.D. La. 9/29/15), 2015 WL 5774867, similar schemes attempted by different hospitals, ERISA is not concerned will private contracts between state actors. There is no federal preemption. The Balance Billing Act does not purport to regulate insurance companies, it purports to regulate hospitals from double billing tort victims after the hospital has received the payment for which it contracted.

Hughes, J., would grant and assigns reasons. Griffin, J., would grant.