Affirmative Defense to Collection
Claim for Charges in Excess of Disclosed
Amounts
Although we have not researched whether
courts would interpret the law as establishing
an affirmative defense in a hospital’s collection
action for charges in excess of charge levels
disclosed in compliance with the law, we could
envision such a defense being asserted. Because
the stated intent of the law is to enable potential
patients to make decisions about what services
to obtain and from what provider, a patient who
relied on charge information furnished to him
or her would have an equitable argument that
the actual charges should not vary from the information
furnished.