Big loss in the not-for-profit hospital class action litigation.
Kolari v. New York-Presbyterian Hospital (March 29, 2005)(available at 2005 WL 710452)
U.S. District Court, S.D.N.Y. | 3.29.05
Opinion and Order
Preska, J.Plaintiffs here have lost their way; they need to consult a map or a compass or a Constitution because Plaintiffs have come to the judicial branch for relief that may only be granted by the legislative branch. This action is one of dozens of similar bootless actions filed in twenty-three district courts across the United States on behalf of uninsured and indigent patients, wherein Plaintiffs argue, without basis in law, that private non-profit hospitals are required to provide free or reduced-rate services to uninsured persons. More specifically, Plaintiffs claim that the rates charged by the defendant hospital to uninsured patients are unreasonable merely because various insurers have negotiated with the hospital to pay lower rates–an economically efficient outcome for both sides that is fully sanctioned by New York law.
…Conclusion
For the foregoing reasons, the Defendants’ motions to dismiss the above-captioned actions are granted in their entirety with prejudice. The Clerk of the Court shall mark these actions closed and all pending motions denied as moot.