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  1. #1
    Join Date
    Apr 2017
    Posts
    1

    Default Hospital Will Not Refund Deposit After Cancellation of a Procedure

    My question involves a consumer law issue in the State of: Missouri

    Upon scheduling for a surgery at Cox Health in Springfield, the hospital requested a deposit from me. A deposit was required but not any particular amount so in good faith I gave them $300; they told me the total would end up being $1200. When scheduling this, they took my vitals and did some blood work. About June 10th, I ended up canceling the surgery and asked them to refund my deposit. The accounting office told me that the pre-schedule work (vitals/blood work) would have to be processed through insurance first. I called back a month later and they told me that the vitals/blood work was processed through insurance and that it cost $110 and that $190 was unused. I asked when I would receive the $190. They told me they would have to review it before they would give it back.

    At that time, I had an approximate $800 balance w/ the hospital for other work that they have done (ER visit) but at the time I was setup with auto pay of $180/month that they agreed to take and I made every payment. I called back in August and demanded my $190 and they told me that they they were still reviewing it, that they may apply it toward my other balance which I told them they do not have my permission and that I want my money back. To me, as I told them, this is theft. At that point I told them that since they have not given me my money I want my monthly payment dropped from $180 to $50/month and they agreed.

    They called me back yesterday and told me that their decision was to apply the $190 they owed me to my total balance. Is this legal? To me this is theft. I gave them specific monies as a deposit for a specific procedure and cancelled that procedure. How can they apply it to something else?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,698

    Default Re: Hospital is Not Refunding My Deposit

    Quote Quoting illumna
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    To me, as I told them, this is theft. At that point I told them that since they have not given me my money I want my monthly payment dropped from $180 to $50/month and they agreed.
    Although the details of exactly what was said matter this could be interpreted as you agreeing to them keeping the $190 in exchange for reducing the amount of the monthly payments.

    Quote Quoting illumna
    View Post
    They called me back yesterday and told me that their decision was to apply the $190 they owed me to my total balance. Is this legal? To me this is theft. I gave them specific monies as a deposit for a specific procedure and cancelled that procedure. How can they apply it to something else?
    Even if you did not agree to them keeping the $190 in that conversation there may well be something in the documents you signed for financial responsibility for the care you received that allows them to apply excess funds they have to other bills you owe. You’d want to read the contracts and see what they say.

    If they don’t have that right you could sue them for the return of the $190, but then they would likely counter claim for a judgment on the approximately $800 you still owe them. In that case, the court may well just offset the two anyway.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,597

    Default Re: Hospital Will Not Refund Deposit After Cancellation of a Procedure

    Quote Quoting illumna
    View Post
    How can they apply it to something else?
    The how is explained by the did.

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