Oakland Neurosurgical Arts, PC v. Blue Cross & Blue Shield

356 N.W.2d 267, 135 Mich. App. 798
CourtMichigan Court of Appeals
DecidedJune 28, 1984
DocketDocket 72711
StatusPublished
Cited by2 cases

This text of 356 N.W.2d 267 (Oakland Neurosurgical Arts, PC v. Blue Cross & Blue Shield) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oakland Neurosurgical Arts, PC v. Blue Cross & Blue Shield, 356 N.W.2d 267, 135 Mich. App. 798 (Mich. Ct. App. 1984).

Opinions

Per Curiam.

Defendant Blue Cross and Blue Shield of Michigan appeals as of right from the trial court’s grant of summary judgment in plaintiffs’ favor.

Plaintiff Dr. Francis Martin, M.D., is employed by plaintiff Oakland Neurosurgical Arts, P.C. On May 11, 1981, Elizabeth K. Allen saw Dr. Martin regarding certain treatment. Prior to commencement of any medical care, Ms. Allen signed a "Memorandum of Understanding”, certifying that she had read and understood the following statements:

"You are hereby advised that the decision to receive care, whether as an office patient or hospital patient, must be made by you freely and must be based upon the medical advice rendered by your physician. Therefore, if your insurance carrier refuses to reimburse you because, in it’s opinion, there is 'a lack of medical necessity’ the responsibility for payment still rests with you.
"It is your obligation to ask the cost of medical care, and it is our duty to discuss with you the fee for the various services to be rendered, if you ask.
"As I choose not to participate in any insurance program including Blue Shield, Medicare, Medicaid and [801]*801other various prepaid programs, it is the office policy to bill the patient directly for services rendered. We will complete insurance forms to assist you in collecting your insurance benefits.
"The doctor in this office is here for one purpose— that is to render medical care. I do not wish to be involved in any lawsuits. Therefore, I will not correspond with any attorneys except when special arrangements have been made prior to your visit.
"From time to time I am asked to render a Certificate of Disability. Such will be done. But the disability determination will be based on medical factors only. The advice of an employer or union personnel, availability of a suitable job and other nonmedical factors will not be entered into consideration.”

Ms. Allen then underwent a lumbar myelogram on May 12, 1981, and a lumbar laminectomy on May 13, 1981. The charges for these services were $275 and $1,200 respectively, for a total of $1,475.

On June 3, 1981, Ms. Allen signed a Michigan Medical Claim Form. Her signature was below a boxed area entitled "Subscriber’s Certification” and containing the following instruction and information.

"Blue Cross and Blue Shield Member Please Read Carefully
"Please refer to the 'pay provider’ area indicated on the top of this claim form.
"If the ’Yes’ block is checked, payment will be sent to the doctor/provider. Your signature is not necessary.
"If the !No’ block is checked, payment will be sent to the subscriber.
"Your signature is not required to receive Blue Cross and Blue Shield of Michigan benefits. The contractual provisions concerning payment of benefits explain your rights and obligations. This is reproduced on the reverse side of this form. Your signature is required only if you agree to the certification statement below which [802]*802may obligate you to make an additional payment for services.
" 'I understand the provider’s charge may exceed the Blue Cross and Blue Shield of Michigan payment, and if greater than such payment, I will be responsible for that amount.’ ”

In Ms. Allen’s case, the "yes” block was checked, indicating that payment was to be made directly to Dr. Martin. Directly above Ms. Allen’s signature was the direction "read back before signing”. On the back of the form was an explanation of benefits, including the following:

"3. Blue Cross and Blue Shield of Michigan will make the benefit payment directly to the physician/provider for services performed by a participating physician/provider for services performed within the State of Michigan. For a nonparticipating physician or for services outside the State of Michigan, Blue Cross and Blue Shield will make the benefit payment directly to the physician/provider or subscriber as requested on the report of services.”

On June 24, 1981, Dr. Martin signed the claim form. His signature also followed a direction to "read back before signing”. On the back of the form, below the heading "Physician’s/Provider’s Certification”, was the following:

"A. If Payment to Subscriber:
" 'I certify the services herein were performed personally by me or under my direct and personal supervision and in my presence, and are submitted in accordance with the provisions of the subscriber’s contract. I understand if the Blue Cross and Blue Shield member has not signed this form and thereby agreed to the above statement, no prior agreement exists regarding my fee.’
"B. If Payment to Physician/Provider:
" 'I certify the services herein were performed person[803]*803ally by me or under my direct and personal supervision and in my presence, and are submitted in accordance with the provisions of the subscriber’s contract. I agree to accept the fee provided by Blue Cross and Blue Shield of Michigan as full payment for these services.’ ”

Dr. Martin had run a line through the last sentence in each of A and B.

Plaintiffs submitted the claim form to defendant, which determined that the sum of $950 was a reasonable charge for the services rendered to Ms. Allen and issued a check to plaintiffs in that amount. Plaintiffs then billed Ms. Allen for the balance of $525. Ms. Allen contacted defendant’s office concerning her obligation to pay the balance. On March 26, 1982, defendant drafted a letter to Ms. Allen, stating in part:

"The doctor billed us for direct reimbursement and we paid the maximum fee, $950. By choosing this billing method, the doctor has agreed to accept our determination as payment in full. Therefore, we will communicate directly with your doctor to resolve the issue of a balance billing.
"You have no further liability for the above mentioned service. If the doctor continues to bill, please return this letter along with a copy of the billing to our attention.”

Ms. Allen did not pay the balance claimed by Dr. Martin, so plaintiffs turned over the account to a collection agency, World Credit, Inc. On September 8, 1982, counsel for defendant drafted a letter to Dr. Martin, with copies to World Credit, Inc., and Ms. Allen, stating that, notwithstanding the stricken terms on the back of the claim form, Dr. Martin had agreed "to accept the BCBSM payment as his full fee and [was] thereby precluded from attempting to collect anything further from the [804]*804patient”. The letter threatened suit for breach of contract and malicious prosecution if plaintiffs instituted proceedings against Ms. Allen. The letter went on to state that Ms. Allen had been instructed to ignore the World Credit, Inc., notices and continued dunning would be regarded as violations of § 915 of the collection practices act, MCL 339.915(f); MSA 18.425(915)(f).

On September 28, 1982, plaintiffs commenced an action in district court for tortious interference with an existing contract.

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Related

Blue Cross & Blue Shield v. Paul
435 N.W.2d 420 (Michigan Court of Appeals, 1988)
Oakland Neurosurgical Arts, PC v. Blue Cross & Blue Shield
356 N.W.2d 267 (Michigan Court of Appeals, 1984)

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Bluebook (online)
356 N.W.2d 267, 135 Mich. App. 798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oakland-neurosurgical-arts-pc-v-blue-cross-blue-shield-michctapp-1984.