Please take a look at the Rudek Decision.
In this case, the patient suffered a stroke. He was supposed to be transferred to rehab and Humana medicare insurance was supposed to pay for it. But at the last minute, and on the way out the door, the patient (who had suffered a stroke) was handed a “Notice of Termination of Benefits” so when he arrived at the stroke rehab center, he had no insurance benefits. The family appealed on an ASAP basis, but that took time. Still, they won and the hospital blamed the insurance company and reported them to the state for wrongful action, and the insurance company blamed the hospital.
Judge Tharp said that the hospital and the insurance company had immunity and after years of paying for the insurance, it was strangely not consumer fraud! Not only that, he did not particularly like that argument and wanted to focus on the Notice of Termination statutory requirements which are technical in nature–which means whether a senior lives or dies in the US will be based upon how and when some piece of paper is handed to a sickly stroke victim lying on a gurney on the way out the door to rehab. Oh yeah, I prefer that way to decide this important case and others like it, don’t you?
See the decision
The only question is whether we will be filing a Motion to Reconsider which is due in 10 days from the date of the decision or by Nov 6 2014
Give us your thoughts. Don’t be shy.