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  1. #1
    Join Date
    Mar 2012
    Location
    Hollister Hills, CA
    Posts
    14

    Default Can You Be Billed for Medical Care Received Following an Arrest if Not Prosecuted

    My question involves criminal law for the state of: California

    I was arrested for a suspected DUI back in 2011. I was never charged with the crime, as my blood test results showed I was under the legal limit, as did my breath tests, but due to my lack of sleep they felt they would take me in anyways, as per the cop in the parking lot of the local hospital on the way back to the car to transport me to jail.

    At the time of my arrest, I was currently being seen by my PCP doctor and was undergoing treatment for a infected abscess (antibiotic, no pain killers). I informed the officers of this at the time of my arrest, and that my pills were prescribed to me and were in my center console of my car. They told me they couldn't bring the medication with me to the jail and they would have to have my medically cleared for jail in addition to my BAC blood test at the hospital. At this point I was told that they could give me the pills I needed and that way I was caught up on my dose for the night, and they said they would just use my Kaiser Insurance. The pills came up to $17 bucks, total. But then the doctor came out and told the nurse they were gonna give me a shot to be sure I would be okay for jail. That jumped the price up $50. Then they added "ER visit" and "Doctor professional service" fee's to the bill. My insurance didn't cover my medication because they said they were already treating me and I was already prescribed the medication by one of their own doctors. I was never informed of any of this. I was told by the nurse that Kaiser had pre-authorized me for coverage and I was good to go. Never heard another word. Now its 2015 and I just found a $1,000+ on my credit report. As far as I can tell, I was never even charged with a crime, and I was forced to receive medical care I did not need nor request, and that the arresting agency (CHP) and/or the holding agency (local sheriffs department county jail) should be footing that bill, most definitely. CHP and the Sheriffs department are playing dumb, won't tell me they aren't responsible, but won't say that they are. The watch commander told me today that as far as he knows, I shouldn't have gotten a bill, but he wasn't sure.

    I have an itemized bill for the services rendered but they won't accept that as proof of money owed and they told me I needed more documents before they could consider paying it for me, but the hospital doesn't have any further records, nor does the collection agency. CHP already had to pay for my DUI blood test (tried to get me for that one too) but they won't speak up for this one either. Had the doctor cleared me to take the antibiotics as prescribed to me, I wouldn't have needed treatment, and the only reason I needed clearance was I was arrested for a DUI that I did not deserve, so I don't see how I am legally responsible for this bill. Can anyone provide me info to confirm either way?>

    - - - Updated - - -

    Sorry, subject should be "Can you be billed for medical care received while under arrest before you're transported to jail if not prosecuted".

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Be Billed for Medical Care Received in Jail if Not Prosecuted

    Quote Quoting DirtyMaxin
    View Post
    My insurance didn't cover my medication because they said they were already treating me and I was already prescribed the medication by one of their own doctors. I was never informed of any of this.
    You were never informed of what? That your insurance wouldn't cover the medication charge?

    Was a claim in fact submitted to your insurance company and, if so, what portion of it was paid?
    Quote Quoting DirtyMaxin
    Now its 2015 and I just found a $1,000+ on my credit report.
    Who is listed as the creditor? The county, or a health care provider?
    Quote Quoting DirtyMaxin
    I have an itemized bill for the services rendered but they won't accept that as proof of money owed and they told me I needed more documents before they could consider paying it for me....
    "They" being your health insurance company?
    Quote Quoting DirtyMaxin
    ...but the hospital doesn't have any further records...
    You seemed to be talking about medical treatment received in jail, but now you appear to be stating that you requested to go to the E.R. before being taken to jail. If that's the case, was the hospital in-network with your insurance? You provided your insurance information to the hospital?

    If the hospital provided you with medical care, yes, they can charge for the services they provided. You may have signed a contract at the time of treatment guaranteeing payment.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can You Be Billed for Medical Care Received in Jail if Not Prosecuted

    It is common practice for the patient (i.e. arrestee) to sign the consent to treat documents, and even the consent to take blood forms. If you signed these documents, then you may have to contest these charges through whatever means is available through the hospital or your insurer.

    When you were arrested, do you recall selecting blood when given a choice between blood and breath? If so, it may be argued that you chose to be encumbered by the added expense.

    And, as a note, there is no "legal limit!" This is a misnomer of the per se BAC level established at .08 percent. The per se level is that level where you are legally presumed to be too impaired to drive. One can be too impaired even under .08, but, it creates a greater burden of proof upon the state. Keep in mind that one can be impaired even with a 0.00 BAC (think pills, illegal drugs, etc.) The fact that no charges were filed does not mean there did not exist probable cause to make the arrest and legally draw blood from you.

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