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Western Center Roundup – August 2023


Commemorating the 60th Anniversary of the March on Washington, Black August, and Black Philanthropy Month

This month, we commemorated the 60th anniversary of the March on Washington, led by Rev. Dr. Martin Luther King Jr. and other giants of the civil rights movement. The march and King’s remarks that day are lodged in Americans’ collective memory as a turning point in the struggle for civil rights. Last Saturday, more than half a century later, a multiracial coalition of thousands of people gathered once again on the steps of the Lincoln Memorial to demand social, racial, and economic justice and decry the people and systems that are trying to undo the progress we’ve made over the past 60 years. We recognize that all of our struggles are interconnected, and that liberation requires all of us to play a role in fighting oppression. Black August is a commemoration of the fallen freedom fighters of the Black Liberation Movement, a call for the release of political prisoners, a condemnation of the conditions in prisons, and a continued fight for Black liberation. This month is also Black Philanthropy Month, founded by Dr. Jackie Bouvier Copeland in 2011, as a global celebration and intentional campaign to elevate giving and funding equity. The theme of this year is “Love in Action,” inspired by the writings of bell hooks on love as a driver of true social change. She wrote, “But love is really more of an interactive process. It’s about what we do, not just what we feel. It’s a verb, not a noun.” Our development team continues to intentionally uplift the practice of putting love into action by applying community-centric fundraising principles in their work with the support and guidance of our philanthropy consultant, April Walker from Philanthropy for the People



New Settlement: Affirming Access to Charity Care

Earlier this month, we announced our landmark settlement in a charity care case against Santa Clara Valley Healthcare with co-counsel Consumer Law Center, Inc., addressing the county’s failure to adequately inform patients with low and no incomes of the hospital’s charity care and discount payment policies. As a result, the County has updated their notices on how patients can qualify for free and discounted payments and expanded the number of languages notices are available in. An estimated 43,000 former patients of Santa Clara Valley Healthcare have received notice of possible billing corrections and refunds. “Medical debt, particularly hospital debt, burdens many Californians and forces them to forgo medically necessary care and other life necessities. We hope this lawsuit will give thousands of Santa Clara residents some financial relief,” said Helen Tran, Senior Attorney with the Western Center on Law and Poverty.

News coverage of the settlement can be viewed in Kaiser Health News and KTVU.

 

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9/19: Pasa La Voz and Meet the Advocates – Medi-Cal Renewals

For this next Meet the Advocates, we’re excited to partner with the Latino Coalition for a Healthy California. Their “Pasa La Voz” project aims to spread awareness and education about health, and to provide community resources to Latinx families and individuals in a culturally and community-informed manner. On Tuesday, September 19th from 12:00 PM to 1:00 PM, join Western Center senior attorneys David Kane and Helen Tran and Ana Tutila, a Promotora in Orange County with the Latino Coalition for a Healthy California as they discuss the importance of Medi-Cal renewals for California’s health and racial equity goals – and the current challenges facing those renewing their coverage. Millions of Californians who depend on Medi-Cal are going through the renewal process for the first time since before the start of the pandemic. We’ll be diving into the work advocates and community-based organizations are doing to support people enrolled in Medi-Cal to keep their coverage, highlighting on-the-ground challenges enrollees are facing, and discussing the policy changes needed to improve this process.

RSVP


Santa Clara Valley Healthcare病人可寻求医疗费用减免

此前,圣塔克拉拉谷医疗保健公司(Santa Clara Valley Healthcare)被指控向贫困患者收取本应免费获得的医疗费用的违规操作。该县昨天表示,已开始通知本应有资格享受 “慈善护理”(charity care,为低收入人群提供的减费或免费医疗服务)的病人。那些在未来几周内提出申请的人,其未付的医院账单将作废,或收到邮寄的退款支票。
对于参与此案的西部法律与贫困中心(Western Center on Law and Poverty)资深律师海伦-陈(Helen Tran)等病人权益倡导者来说,此次和解是一次重大胜利。
她说:”这向全州的医院发出了一个非常重要的信息–他们应该认真履行慈善医疗义务。”
加州的所有急症护理医院都必须为收入低于一定标准(目前为联邦贫困线的 400%)的无保险者和部分有保险者提供慈善护理。即个人年收入约为 58000 元,四口之家年收入约为 120000 元,均符合要求。此外,还必须用患者的母语向他们介绍慈善医疗的选择。

About 43K California patients are receiving refunds and billing corrections

Approximately 43,000 former patients of Santa Clara Valley Healthcare, serving Santa Clara County in California, will soon receive notice of possible billing corrections and refunds.

The increased patient outreach efforts are part of the settlement of a lawsuit that alleged the county did not adequately inform three former patients about its previous hospital charity care and discount payment policies after they incurred bills ranging from $8,000 to $35,000 between 2013 and 2017. The bills were sent to collections, according to Santa Clara County.

At the time of their hospitalization, one petitioner was uninsured who was a single mother of two children and a full-time student; another was uninsured and spoke primarily Spanish; and the third was unemployed and unhoused.

WHAT’S THE IMPACT

As part of the settlement, the county will provide an opportunity for patients whose bills were sent to collections between October 28, 2018, and December 31, 2021, to have their bills re-reviewed for full or partial discounts.

People who receive this notice will have 65 days to complete and return a form indicating their interest to apply. They’ll then have an additional 150 days to complete their application by submitting documents to verify their information.

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Santa Clara Valley Healthcare patients can seek debt relief

Tens of thousands of people treated at Santa Clara County-owned hospitals may now qualify to have their medical debt erased.

This comes in the wake of a June lawsuit settlement that accused Santa Clara Valley Healthcare of charging needy patients for care they should have received for free.

The county said yesterday it has begun notifying patients who should have been eligible for “charity care,” reduced-cost or free medical services for low-income people. Those who apply in the next several weeks could see their outstanding hospital bills voided, have court judgements corrected and even receive refund checks in the mail.

The settlement is a major win for patient advocates like Helen Tran, a senior attorney with the Western Center on Law and Poverty who worked on the case.

“It sends a really important message to hospitals statewide—that they should take their charity care obligations seriously,” she told San José Spotlight. “The county has done so.”

All acute care hospitals in California must offer charity care to anyone uninsured, and many people with insurance, who earn below a certain threshold—currently 400% of the federal poverty level. That’s about $58,000 annually for an individual and $120,000 for a family of four. Patients must also be told about charity care options in their native language.

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Getting Answers: Santa Clara Refunds

If you are a former patient at Santa Clara Valley Medical Center, you may be owed some cash. The hospital has started notifying more than 40,000 former patients about refunds due to incorrect billing. It is part of a settlement involving patients who were sent to collections for charges that they never should have been asked to pay. Joining us live now to discuss the settlement is Helen Tran, senior attorney with Western Center on Law and Poverty, which filed the suit back in 2019.

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43,000 Santa Clara Valley Healthcare patients possibly entitled to refunds

Santa Clara Valley Healthcare is notifying 43,000 former patients that they may be eligible for refunds or billing corrections because the medical facility did not fulfill its charity care obligations.

This action stems from a settlement of a lawsuit filed in 2019, alleging that the public hospital system failed to apprise three former patients of its charity care program or discounted payment policies. The plaintiffs said that they received bills ranging from $8,000 to $35,000 between 2013 and 2017. Those bills were subsequently sent to collections.

The revelation of the settlement was initially reported by KFF Health News.

Among the plaintiffs was a single mother of two, who was a full-time student and uninsured. Another was an unhoused resident.

In accordance with California’s Hospital Fair Pricing Policies law, people unable to afford their medical expenses can qualify for partial or complete bill forgiveness through charity care. Eligibility for charity care extends to patients regardless of their insurance or immigration status.

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Patients in California County May See Refunds, Debt Relief From Charity Care Settlement

California’s largest public hospital plans to start notifying 43,000 former patients Monday that they may be eligible for refunds or billing corrections, part of what advocates called a major legal settlement that will help force the hospital to fulfill its charity care obligations.

Santa Clara Valley Medical Center, along with other units of county-owned Santa Clara Valley Healthcare, will also adopt procedures to ensure patients are informed of their eligibility for charity care, which nonprofit and public hospitals must provide.

“This is huge,” said Helen Tran, a senior attorney with Western Center on Law & Poverty, which joined another California-based legal group, the Consumer Law Center, in a lawsuit against the hospital. “It’s so important that the hospital is stepping up to take corrective action. That’s something we haven’t seen many hospitals do.”

Filed in 2019 and settled in June, the lawsuit alleged that Santa Clara Valley Medical Center billed patients and sent them to collections for charges they should not have been required to pay. Emily Hepner, one of the plaintiffs, was a full-time student, raising two children alone,and uninsured in 2014 when she needed urgent surgery, according to the lawsuit. The hospital never followed up after telling her she might be eligible for charity care and, nearly a year later, she received a $34,884 bill. The hospital later sued her for that amount plus attorney fees.

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Approximately 43,000 Former Santa Clara Valley Healthcare Patients to Receive Notice of Potential Eligibility for Charity Care or a Discount on Their Medical Bills

If you think you are eligible for possible billing corrections and refunds, contact Santa Clara Valley Healthcare at (408) 494-7850 for assistance. Patients may also contact the Health Consumer Alliance at (888) 804-3536 to receive free assistance about how to qualify for a refund.

Approximately 43,000 Former Santa Clara Valley Healthcare Patients to Receive Notice of Potential Eligibility for Charity Care or a Discount on Their Medical Bills

Santa Clara County, CA – Approximately 43,000 former patients of Santa Clara Valley Healthcare will soon receive notice of possible billing corrections and refunds. These corrective actions from the County of Santa Clara complement the significant enhancements that the County’s Board of Supervisors has made in recent years to the County’s hospital charity care and discount payment program, the Healthcare Access Program (HAP).

The increased patient outreach efforts are part of the settlement of a lawsuit that alleged the County did not adequately inform three former patients about its previous hospital charity care and discount payment policies after they incurred bills ranging from $8,000 to $35,000 between 2013 and 2017 and the bills were sent to collections. At the time of their hospitalization, one petitioner was uninsured, a single mother of two children, and a full-time student; another was uninsured and spoke primarily Spanish; and the third was unemployed and unhoused.

“Our goal in this lawsuit was to have better policies and processes in place at the hospital to inform patients of their right to charity care and to give patients who did not know about these programs in the past the chance to apply for discounts to their bills now,” said Fred Schwinn, Attorney with the Consumer Law Center, Inc.

The County’s patient notices include detailed information about how patients can qualify for free and discounted payments. The notices and posters advertising the program at the hospital are available in seven non-English languages. Written information about charity care and discount payments is given to patients at the time of service or mailed to patients within a few days after discharge. The County will also continue to assist patients with financial assistance applications and applications for government-sponsored health coverage such as Medi-Cal. Additionally, patients may apply for financial assistance at any time during the course of the collections process.

“Santa Clara Valley Healthcare prides itself on delivering quality healthcare for individuals and communities that face significant socioeconomic hurdles to receiving this basic benefit,” said Paul E. Lorenz, Chief Executive Officer for Santa Clara Valley Healthcare. “These newly implemented outreach efforts, combined with our current programs, multilingual approaches, and recent state-initiated efforts, will allow us to better serve those most in need.”

As part of settling this lawsuit, the County will provide an opportunity for patients whose bills were sent to collections between October 28, 2018, and December 31, 2021, to have their bills re-reviewed for full or partial discounts. Individuals who receive this notice will have 65 days to complete and return a form indicating their interest to apply. Individuals will then have an additional 150 days to complete their application by submitting documents to verify their information. Depending on when patients’ bills were sent to collections, they may qualify for different financial assistance programs. Patients may be eligible for refunds for amounts they overpaid and to have court judgments corrected.

“Medical debt, particularly hospital debt, burdens many Californians and forces them to forgo medically necessary care and other life necessities. We hope this lawsuit will give thousands of Santa Clara residents some financial relief,” said Helen Tran, Senior Attorney with the Western Center on Law and Poverty. “We are impressed the County has committed to the enormous task of reconsidering past bills that may have qualified for free care or some level of discount.”

In California, all licensed acute care hospitals must provide financial assistance to uninsured patients and patients who have high medical costs. The County of Santa Clara Board of Supervisors has long been committed to going above and beyond these requirements. In April 2020, the Board of Supervisors approved the creation of the Healthcare Access Program (HAP), which provides a full discount to eligible hospital patients whose yearly household income is at or below 400% of the Federal Poverty Level (FPL), as well as options for significantly discounted payments for patients whose income is between 401% and 650% of the FPL, making it one of the most generous and innovative hospital charity care and discount payment programs in the United States. For more information about the HAP, please visit this webpage.

Patients who receive a notice about this settlement may contact Santa Clara Valley Healthcare at (408) 494-7850 for assistance. Patients may also contact the Health Consumer Alliance at (888) 804-3536 to receive free assistance about how to qualify for a refund. 

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Western Center on Law & Poverty fights in courts, cities, counties, and in the Capitol to secure housing, health care, and a strong safety net for Californians with low incomes, through the lens of economic and racial justice. For more information, visit www.wclp.org.

Located in downtown San Jose, California, Consumer Law Center, Inc., devotes its entire practice to protecting the rights of California consumers. CLC’s practice is exclusively limited to representing individuals in debt collection lawsuits and consumer class action cases against debt buyers and debt collectors. For more information, visit https://www.sjconsumerlaw.com/ and https://debt-defenders.com/.

About Santa Clara Valley Healthcare

Santa Clara Valley Healthcare (SCVH), California’s second-largest County-owned health and hospital system, is comprised of three acute care hospitals, Santa Clara Valley Medical Center, O’Connor Hospital, and St. Louise Regional Hospital, along with a network of primary and specialty clinics. SCVH emphasizes quality care, research, teaching, innovation, and most importantly, a focus on coordinated, compassionate, and patient-centered care to every patient. Our mission is to provide high-quality, accessible healthcare and excellent service to everyone in Santa Clara County, regardless of their socioeconomic status or ability to pay.

L.A. County-run hospitals could expand free and discounted care

Hospitals run by Los Angeles County could make free care available to more of their financially strapped patients under a new proposal aimed at expanding relief from medical bills.

County health officials said the proposed changes, which also include deeper discounts for other eligible patients, could ultimately benefit thousands of people in the county, yet are unlikely to have a significant effect on hospital finances.

The move comes amid ongoing concern across California about residents putting off or forgoing medical care due to the expense, despite state efforts to expand access to charity care and make sure patients know about financial assistance.

Under the proposed rules, free care would be available to eligible L.A. County residents with incomes under 200% of the federal poverty level, or $60,000 for a family of four under current guidelines. The existing cutoff is 138% of the poverty level, which amounts to $41,400 for a family of four.

 

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Kamala Harris has a history of healthcare merger crackdowns

“Most hospitals aren’t held to a specific amount of charity care spending. However, California law allows the attorney general to put conditions on merger and acquisition approvals of not for-profit hospitals to ensure they continue to serve indigent populations and don’t cut off certain specialties. Harris was one of the first attorneys general to implement 10-year conditions, which was important to consumer advocates, said Jen Flory, policy advocate with the Western Center on Law & Poverty.

“It was something the purchasers did not like,” she said. “They were like, ‘Why is this going on for so long?’ But her staff was really attentive to all the details and the things that are going to matter to the community, whether it’s charity care or Medicaid managed care.”

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