California Court of Appeal

Health and Safety Code section 1379 does not prohibit non-contracted emergency room physicians from -balance billing- individual patient/subscribers for the balance of their fee not paid by a health care service plan or its delegate. However, a health care service plan or its delegate has standing to litigate the reasonableness of the amount charged by emergency room physicians.

Appellate Information

• Decided 02/20/2006
• Published 02/20/2006

Judges

• KITCHING, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Miller & Holguin, Kenneth E. Johnson, Los Angeles, and Stacey L. Zill, for Plaintiffs and Appellants., Fulbright & Jaworski, Carol K. Lucas;  Buchalter, Nemer, Fields & Younger, Carol K. Lucas;  and Buchalter Nemer for California Association of Physicians Groups, Los Angeles, as Amicus Curiae on behalf of Plaintiffs and Appellants.


• For Appellees:
  
• Law Offices of Andrew H. Selesnick and Andrew H. Selesnick, Encino, for Defendants and Respondents., Catherine I. Hanson and Astrid G. Meghrigian for California Medical Association, San Francisco, as Amicus Curiae on behalf of Defendants and Respondents.