Unfair Competition, Unfair Practice, Disclosure of Emergency Room Charges, 1, 12
It is not unlawful or unfair for a hospital to charge for evaluation and management services (EMS) for emergency room patients in accordance with the hospital’s fee schedule as disclosed on a charge-master website reference to which is clearly disclosed in the emergency room as required by California’s Payers’ Bill of Rights (Health & Safety. Code, § 1339.50 et seq.). Hospitals owe no greater duty of disclosure under the UCL or CLRA than that required by the Health & Safety Code. Requiring greater or additional disclosure would alter the careful balance of competing interests, including price transparency and provision of emergency care without regard to cost (i.e., not dissuading patients from obtaining potentially life preserving treatment through fear of debt), reflected in the multifaceted scheme developed by state and federal authorities.