The court also held that the Constantines lacked standing to contest the lien and that their motion to strike had been mooted by MCG's repayment to Aetna.
#MCG HEALTH TRIAL#
The trial court denied the Constantines' motion to strike, holding that the agreement did not preclude MCG from attaching a lien on the Constantines' cause of action against the driver. After refunding Aetna's payment, MCG turned the account over to a collection agency, which attempted to collect the debt from the Constantines by mail and by phone.
The Constantines filed a motion to strike the lien, and then succeeded in joining MCG to their action as an indispensable party.
#MCG HEALTH FULL#
Shortly after Nicole left the hospital, however, MCG's agent filed a lien under OCGA § 44-14-470(b) for the full amount of her bill. Aetna's agent then sought and received reimbursement from the Constantines under the terms of their policy.
As Nicole's insurer, Aetna paid MCG $1,800 (the amount payable under the agreement for her treatment less the Constantines' co-payment) toward Nicole's bill. shall bill for Hospital Services rendered to Members according to the terms of this Agreement․ hereby agrees that in no event, including, but not limited to non-payment by insolvency or breach of this Agreement, shall bill, charge, collect a deposit from, seek remuneration or reimbursement from, or have any recourse against Member or persons other than acting on their behalf for services listed in this Agreement.Īfter she was injured, Nicole Constantine incurred a bill of nearly $14,000 at a hospital operated by MCG for treatment including surgery to reconstruct the bone around her eye. Healthcare (Aetna) to provide hospital services to the latter's HMO members “at reasonable costs consistent with high standards of medical care.” The agreement included schedules of services to be provided and fees to be charged, and specified that “o additional charge will be made by to or its Members for Hospital Services covered under this Agreement.” The agreement also included the following provision:ģ. So viewed, the evidence shows that MCG entered into an agreement with Aetna U.S. Thus we review the evidence de novo, viewing it in the light most favorable to the Constantines, to determine whether the trial court erred in concluding that no genuine issue of fact remains and that MCG is entitled to pursue its lien as a matter of law. 62, 514 S.E.2d 880 (1999) (treating appeal from action to clear lien as one from grant of summary judgment). The trial court's order denying the Constantines' motion to strike the lien was in effect an order granting summary judgment to MCG. We find that the trial court erred when it allowed the hospital to maintain its lien, and therefore reverse. The plaintiffs moved to strike the hospital lien, but the trial court denied the motion. (MCG), had received payment from the Constantines' insurer in the amount due under its service agreement with that insurer, MCG filed a lien for the full amount of the Nicole's bill. Although the treating hospital, MCG Health, Inc.
#MCG HEALTH DRIVER#
After she received treatment for her injuries, her parents sued the driver of the car on her behalf. Nicole Constantine was injured when the car in which she was a passenger left the road and hit a tree. Doffermyre, Shields, Canfield, Knowles & Devine, David S.
James Weston, Hull, Towill, Norman, Barrett & Salley, for Appellee. Decided: August 03, 2005ĭavid Bell, Sharon Enoch, Bell & Bell Associates, Augusta, for Appellants.
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