Preview
Filed: 4/19/2021 8:39 PM
J OHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 52614935
By: Lisa Kelly
4/20/2021 8:52 AM
CAUSE NO. 20-CV-0483
JOE M. PRESSLER IN THE DISTRICT COURT OF
v GALVESTON COUNTY, TEXAS
PONCE GONZALEZ 10°! JUDICIAL DISTRICT
DEFENDANTS’ MOTION TO STRIKE
PLAINTIFF’S SECTION 18.001 BILLING RECORD AFFIDAVITS
Defendants Elio Gonzalez Ponce (“Gonzalez”), Vicente Soria, and Maria Soria
(collectively “Defendants”) file this Motion to Strike Plaintiff Joe M. Pressler’s (“Plaintiff”)
Section 18.001 Billing Record Affidavits and would show the Court as follows.
I SUMMARY OF ARGUMENT
Pressler’s Section 18.001 billing record affidavits filed on March 29, 2021, should
be stricken by this Court, as they were filed late. Pressler was required to file these billing record
affidavits within 90 days after Defendants answered the lawsuit, and they were filed months past
the due date. Additionally, Pressler sent three additional billing record affidavits to Defendants’
counsel on April 16, 2021 that were also past the deadline and were not noticed with the Court.
Il. BACKGROUND
On July 30, 2019, Pressler and Gonzalez were involved in an automobile accident.
(P1.’s 1‘ Am. Pet. at 3.) Pressler filed this case on March 31, 2020, seeking damages for his alleged
injuries related to the accident. (Pl.’s Orig. Pet. & Request for Disclosure.) Gonzalez filed a pro
se answer on April 26, 2020. (Gonzalez Orig. Answer.) Pressler amended his petition to add
claims against the Sorias on May 18, 2020. (PI.’s 1‘ Am. Pet.) The Sorias answered the lawsuit
on August 12, 2020, and Gonzalez filed an amended answer on August 21, 2020. (Defs. Vicente
& Maria Soria’s Orig. Answer & Jury Demand; Def. Elio Ponce Gonzalez’s Am. Answer & Jury
Demand.)
Pressler served the following Section 18.001 billing record affidavits on March 29,
2021:
Provider and Exhibit Record Bates Label Date(s) of Treatment
Bindal Surgery Clinic (Exhibit A) JP000064-JP000072 10/10/19, 10/30/19
Natural Health Houston (Exhibit B) JP000073-JP000076 10/1/19, 10/4/19, 10/8/19
Primecare Medical Group (Exhibit C) JP000077-JP000095! 7/31/19, 8/13/19, 12/4/19,
8/14/20, 11/30/20, 1/14/21,
2/2/21?
Primecare Medical Group (Exhibit D) JP000096-JP0001005 7/31/19, 12/4/19, 8/14/20
Under the Agreed Second Amended Discovery and Docket Control Order,
Pressler’s deadline for designating expert witnesses was March 29, 2021. (Agreed 24 Am. Docket
Control Order.)
On April 16, 2021, Pressler also sent to Defendants, without filing a notice with the
Court, the following additional billing record affidavits:
Provider and Exhibit Record Bates Label Date(s) of Treatment
Memorial Hermann Healthcare JP000290-JP000298 8/1/19
System (Exhibit E)
Natural Health Houston (Exhibit F) JP000299-JP000326 9/6/19, 9/10/19, 9/13/19,
9/17/19, 9/24/19, 9/25/19,
10/1/19, 10/4/19, 10/8/19
CVS Pharmacy (Exhibit G) JP000327-JP000336 Prescriptions: 8/2/19
through 3/12/21
1 These are the bates labels as the labels actually appear on the documents. Pressler mislabeled these in his
notice as “PLTF000077-PLTF000095,” instead of “JP,” as it is labeled in the documents.
2 It appears that the visits on 1/14/21 and 2/2/21 are unrelated to the accident.
3 These are the bates labels as they actually appear on the documents. Pressler mislabeled these in his notice
as “PLTF000096-PLTF000100,” instead of “JP000096-JP000100,” as it is labeled in the documents.
Defendants object to the late service of Pressler’s billing record affidavits and
request that this Court strike these affidavits that attempt to establish the reasonableness and
necessity of Pressler’s treatment course and costs. Further, Defendants object to Pressler’s failure
to properly serve the billing record affidavits by filing notice with the Court for Exhibits D-F.
lil. ARGUMENTS AND AUTHORITIES
Pressler’s Section 18.001 billing record affidavits are inadmissible as they were not
filed and served within the statutory deadline. Pressler’s medical treatment with these providers
commenced before Defendants filed their answers. Pressler filed and served his affidavits months
after the deadline set by Section 18.001. Additionally, several of the billing record affidavits
served on Defendants’ counsel were not properly noticed with the clerk of court when they were
served on Defendants’ counsel.
Pursuant to Texas Civil Practice and Remedies Code Section 18.001, affidavits
concerning costs and necessity of services must be filed with the Court by notice and served on
opposing counsel. For treatment begun with a provider before a defendant answers, Section
18.001(d) requires that a claimant offering affidavits into evidence must serve the affidavit by the
earlier of:
a 90 days after the date the defendant files its answer;
2) the date the offering party must designate any expert witness under a
court order; or
(3) the date the offering party must designate any expert witness as
required by the Texas Rules of Civil Procedure.
Tex. Civ. Prac. & Rem. Code § 18.001(d).
All of Pressler’s treatment was initiated before the dates Defendants answered, as
shown in the table above. Pressler began his treatment all providers—Primecare Medical Group,
Bindal Surgery Clinic, Memorial Hermann, CVS Pharmacy, and Natural Health Houston—before
he even filed this lawsuit.
Section 18.001 does not address how the deadlines are treated where there multiple
defendants filing answers at different times, as in this case. Gonzalez first answered on April 26,
2020. Even if the deadline is 90 days from when the next defendants (the Sorias) answered, which
would be November 10, 2020, Pressler’s billing record affidavits were months late. The date for
Pressler to designate experts was set by the Agreed Docket Control Order for March 29, 2021.4
(Agreed 24 Am. Docket Control Order.) As 90 days from when Defendants answered falls well
before the expert deadline date, Pressler’s deadline to file the billing record affidavits was 90 days
from the date of the answer.
Pressler served his Section 18.001 billing record affidavits on Defendant on March
29, 2021, months after the statutory deadline. Thus, all of Pressler’s billing record affidavits must
be struck as untimely.
Additionally, Section 18.001(d-2) requires Pressler to file notice with the clerk of
court when serving the affidavit. For Exhibits D-F, Pressler served these affidavits on April 16,
2021, with no accompanying notice with the Court. Thus, in addition to being untimely, Exhibits
D-F were also not properly served.
Iv. CONCLUSION
As Plaintiff Joe M. Pressler failed to comply with the requirements set forth in
Section 18.001, Defendants object to the use of his billing record affidavits and ask that the Court
order them struck. Defendants Vicente Soria, Maria Soria, and Elio Gonzalez Ponce respectfully
4 Under Texas Rule of Civil Procedure 195.2, if the Court does not order dates for expert designations, then a
plaintiff must designate experts by the later of 30 days after a request is served or 90 days before the end of the
discovery period. As the Court entered a Docket Control Order in this case, this section is not applicable.
request that the Court enter an order prohibiting Pressler from offering affidavit testimony as
evidence of the reasonableness and necessity of his medical treatment and expenses at the trial of
this matter. Defendants further request all such other and further relief to which they may be
entitled.
Respectfully submitted,
JORDAN, LYNCH & CANCIENNE PLLC
By: /s/ Kelly Wilson
Michael Cancienne
State Bar No. 24055256
Kelly Hill Wilson
State Bar No. 24089579
1980 Post Oak Blvd., Suite 2300
Houston, Texas 77056
Telephone: 713.955.4025
Facsimile: 713.955.9644
meancienne@jlcfirm.com
kwilson@jlcfirm.com
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
I certify that a copy of the above and foregoing was served on all parties in
accordance with the Texas Rules of Civil Procedure on April 19, 2021.
Richard M. Grimes
Jennifer B. Swick
Grimes & Fertitta, P.C.
1885 St. James Place, Suite 1330
Houston, Texas 77056
rmgrimes@grimesfertitta.com
Jbswick@grimesfertitta.com
/s/ Kelly Wilson
Kelly Wilson
CAUSE NO. 20-CV-0483
JOE M. PRESSLER IN THE DISTRICT COURT OF
Vv GALVESTON COUNTY, TEXAS
PONCE GONZALEZ 10'* JUDICIAL DISTRICT
DECLARATION OF KELLY HILL WILSON
My name is Kelly Hill Wilson, my date of birth is February 9, 1989, and my
business address is 1980 Post Oak Blvd., Suite 2300, Houston, Texas 77056.
I am an attorney representing Defendants Elio Gonzalez Ponce (“Gonzalez”),
Vicente Soria, and Maria Soria (collectively “Defendants”) in the above-named matter, and I
declare under penalty of perjury that the following is true and correct:
l The information contained herein is based on my own personal knowledge, based
on my representation of Defendants in this matter.
Plaintiff's Original Petition was filed on March 31, 2020, and Plaintiff filed an
amended petition on May 18, 2020.
Defendant Elio Gonzalez’s pro se Answer was filed April 26, 2020. Defendants
Vicente Soria and Maria Soria’s Original Answer was filed on August 12, 2020.
Defendant Gonzalez filed an amended answer on August 21, 2020.
Attached as Exhibit A is a true and correct copy of the billing records affidavit of
Bindal Surgery Clinic dated March 2, 2021, which was electronically filed with the
Court on March 29, 2021. I have reviewed these records, and the referenced billing
records are for treatment dates of October 10 and 30, 2019.
Attached as Exhibit B is a true and correct copy of the billing records affidavit of
Natural Health Houston dated March 3, 2021, which was electronically filed with
the Court on March 29, 2021. I have reviewed these records, and the referenced
billing records are for treatment dates of October 1, 4, and 8, 2019.
Attached as Exhibit C is a true and correct copy of the billing records affidavit of
Primecare Medical Group dated December 4, 2020, which was electronically filed
with the Court on March 29, 2021. I have reviewed these records, and the
referenced billing records include treatment dates of July 31, 2019, August 3, 2019,
December 4, 2019, August 14, 2020, November 30, 2020, January 14, 2021, and
February 2, 2021.
Attached as Exhibit D is a true and correct copy of the billing records affidavit of
Primecare Medical Group dated March 9, 2021, which was electronically filed with
the Court on March 29, 2021. I have reviewed these records, and the referenced
SS TS SS SSS ST CO
billing records are for treatment dates of Jul
y 31, 2019, December 4, 2019, and
August 14, 2020.
Attached as Exhibit E is a true and correct copy of the billing records
affidavit of
Memorial Hermann Healthcare System dated March 18, 2021, which was
served
by Plaintiff's counsel on April 16, 2021. This billing record affidavit has no
t been
filed with the Court as of the date of this declaration. I have reviewed th
ese records,
and the referenced billing records are for treatment date of August 1, 2019.
Attached as Exhibit F is a true and correct copy of the billing records affidavit of
Natural Health Houston dated F ebruary 15, 2021, which was served by Plaintiffs
counsel on April 16, 2021. This billing record affidavit has not been filed with the
Court as of the date of this declaration. I have reviewed these records, and the
referenced billing records are for treatment dates of September 6, 2019, September
10, 2019, September 13, 2019, September 17, 2019, September 24, 2019,
September 25, 2019, October 1, 2019, October 4, 2019, and October 8, 2019.
10 Attached as Exhibit G is a true and correct copy of the undated billing records
affidavit of CVS Pharmacy, which was served by Plaintiff's counsel on April 16,
2021. This billing record affidavit has not been filed with the Court as of the date
of this declaration. I have reviewed these records, and the referenced billing records
are for pharmacy-related medications from August 2, 2019 through March 12,
2021.
yay)
EXECUTED in Houston, Texas on the! day of April, 2021.
Kelly | Wilson
Exhibit A
No. 20-CV-0483
JOE PRESSLER IN THE DISTRICT COURT OF
ys. GALVESTON COUNTY, TEXAS
PONCE GONZALEZ _ 10TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for; BINDAL NEUROSURGICAL CLINIC
Records Pertaining To: JOE PRESSLER
Type of Records: Any and all billing records from 07/30/2019 to the present, including but not limited to itemized billing
statements pertaining to the examination and/or treatment of JOE PRESSLER.
Please state your full name, title and business address.
ansves\QNESSO
TOWAN Front Desk,7132. SA. FWY 230 Heuston.
Did you receive a subpoena to produce any and all itemizations regarding medical bills that have been paid either by
Plaintiff, JOE PRESSLER, Medicaid, Medicare and/or any third-party payor on behalf of Plaintiff, JOR PRESSLER?
Answer = foe pees —
Are you able to identify the documents containing the itemization(s) as the original or true and correct photostatic copies
of the originals?
Answer: AS SSS
Has your office made or caused to be made any itemization(s) in any form pertaining to Plaintiff, JOZ PRESSLER?
Answer; eet
Is this itemization(s) under your care, supervision, direction, custody and/or control?
Answer: eee on a
JP000067
6. Was this itemization(s) made in the regular course of your business? (Business means any kind of regularly or organized
activity, whether conducted for profit or not.)
Answer ee es a oe ~
Was it in the regular course of business for a person with knowledge of the acts, events, conditions, opinions or diagnoses
to make such records or transmit the information thereof to be included in such itemization(s)?
Answer Ws ae
Was this itemization(s) made at or near the time of the treatment or like event or reasonably soon thereafter?
Answer; i
Mie nan eee
Please attach any itemization(s) outlined in the subpoena. Have you provided all such itemizations?
Answer; US a
10. What amount was actually paid by Medicare on behalf of Plaintiff, JOE PRESSLER, for medical services rendered?
Ans’ on YC Ce plical ee vo
i Has the amount paid to Medicare on behalfof Plaintiff, JOE PRESSLER, been accepted as payment in full for medical
services rendered? (If no payment has been made by OC i) answer “not applicable.”)
Answer: Ms _oupplicalale. a
12, Ifnot, please list the amount owed by Medicare on Ol of ab JOE PRESSLER, for medical services rendered.
Answer: Wr ofphicalo! a
13. What amount was actually paid by Medicaid on behalf of Plaintiff, JOR PRESSLER, if any, for medical services
rendered?
Answer:
\ot_ CUPP aoe.
14 Has the amount paid by Medicaid on behalf of Plaintiff, JOE PRESSLER, been accepted as payment in full for medical
services rendered? (if no payment has been made by Medicaid,CAG answer “not applicable.”)
Answer —_\wor_apol Peet
JP000068
"ot Op licab
15. If not, please state the amount owed by Med ‘aid on ple of Plaintiff, JOE PRESSLER, for medical services rendered.
Answer: iCaole Pree 2
16 Did a third-party payor (other than Medicare or Medicaid) make any payments on behalf of Plaintiff, JOE PRESSLER,
for medical services rendered? If so, please list the name of the third-party payor that made payments on behalf of
Plaintiff, JOE me Oe a 1. services rendered.
Answer Oo a oe
17, What amount was actually paid by a third-party payor, if any, on behalf of Plaintiff, JOE PRESSLER, (other than
Medicare or Medicaid) for medical services rendered?
Answer: = §oSW.le sen if
18 Has the amount paid by any third-party payor on behalf of Plaintiff, JOE PRESSLER, (other than Medicare or
Medicaid) been accepted as payment in full for medical services rendered? (If no payment has been made by any
third-party payor, simply answer “not applicable.”
§- \VDuee Luitientya
Answer ~ /..
Hh nis ios v Cuivery
wah
fe a kn
(other than
19. If not, please list the amount owed by any third-party payor on behalf of Plaintiff, JOE a
Medicare or Medicaid) for medical services rendered.
Answer see : if
20 What amount was actually paid by Plaintiff, JOE PRESSLER, for medical services rendered, if any?
Answer: oo QO. 00 sae
21 If the Plaintiff, JOE PRESSLER, actually paid for medical services rendered, was the amount paid by Plaintiff, JOR
PRESSLER, accepted as payment in full for medical services rendered? (If no payment has been made by the Plaintiff
JOE PRESSLER, simply answer “not applicable.”) If not, please list the amount owed by Plaintiff, JOE PRESSLER,
if any.
Answer: Uss se =
22. Has any amount been written off for medical services rendered to Plaintiff, JOE PRESSLER? If so, please state the
total amount written off for medical services rendered on behalfof Plaintiff, JOE PRESSLER.
Answer; — Vp
JP000069
23 In sum, what is the total amount paid on behalf of Plaintiff, JOE PRESSLER, for medical services rendered, if any?
Answer: a § Au. DY ee
24 In sum what is the total amount owed by Plaintiff, JOE PRESSLER, for medical services rendered, if any?
Answer: cee SATA 13
25 In sum, what is the total amount billed for 1b services rendered pertaining to JOE PRESSLER?
Answer: oD see ~
26. Please fill in the following blanks with the requested information concerning medical treatment provided to JOE
PRESSLER.
TOTAL AMOUNT FOR ALL MEDICAL BILLE! $ V7]..00
TOTAL AMOUNT PAID BY PRIVATE INSURER: 2
TOTAL AMOUNT PAID BY MEDICARE/MEDICAID: oe :
TOTAL AMOUNT PAID BY PLAINTIFFS:
TOTAL AMOUNT WRITTEN OFF OR CHARGED OFF:
TOTAL AMOUNT STILL OWED AND BY WHOM: § rat: ete
WITNESS (Cas jian of Records)
{ thaw Z
Before me, the undersigned authority, on this day personally appeared A Tokar
known to me to be the person whose name is subscribed to the foregoing instrument in the capacity therein stated, who being fifi rst
duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. I further certify that the
records attached hereto are exact duplicates of the original records.
ok » 2(
SWORN TO AND SUBSCRIBED before me this 2 day of Mesh
eae Z
RY PUBLIC
YP Christopher M. Calix
My Commission Expires My Commission Expires,
2/01 12024.—— —
Peg ID No, 130519303
Order No. 91539.006
JP000070
Exhibit B
AFFIDAVIT
Records Pertaining to: JOE M. PRESSLER
Type of Records: Any and all patient billing records, including but not limited to, an itemization
detailing each and every service rendered, date and amount charged for each service provided and
the total amount of charges including payments and balanced owed, if any, pertaining to the
examination, treatment and care provided to JOE M. PRESSLER (DOB: 03/07/1953) for all dates of
service from July 30, 2019 to the present.
Before me, the undersigned authority, personally appeared Pryolicn
Custodian of Records, who, being by me duly sworn, testified as follgws:
Gee
My name is Yue Iam over the age of eighteen (18) years of age,
of sound mind, capable yf making this affidavit, and personally acquainted with the facts stated
herein:
Iam the Custodian of Records for: Natural Health Houston
Attached to this affidavit are records that provide an itemized statement of the service that
this facility provided to the above-named person from July 30, 2019 to the present. The attached
records are a part of this affidavit. The attached records are kept in the regular course of business at
. The information contained in the records was transmitted to me in the regular
course of business or by an employee or representative of this facility with personal knowledge of
the information. The records were made at or near the time or reasonably soon after the time that
the service was provided. The records are the original or an exact duplicate of the original.
Truss aon of the charges for services rendered of the above-named person is:
The following has been paid on this account:
s_ (50.00 Paid by patient or responsible party (if patient is a minor)
$. g Paid by private insurance
s D Amount of adjustments and/or write-offs
3 F\0.) Amount outstanding
The services provided were necessary and the amounts charged for the services were
reasonable at the time and place that the services were provided.
Page 1 of 2
Affidavit
JP000073
AFFIANT oe of Records)
STATE OF Tyae
COUNTY OF dais
To
SWORN TO ND SUBS‘ [BED before me, the undersigned authority, by the above-
named on this the day of. 29
M
sat Notary Pa‘ab {State of Texas
oe AMBER KOREN HOHLBAUGH
ee lotary Public, State of Texas|
HUY
oY £5
nv we
Comm, Expires 09-02-2024
Notary ID 132654561
My commissi, yn expires:
Page 2 of 2
Affidavit
JP000074
Exhibit C
AFFIDAVIT
Records Pertaining to: JOE M. PRESSLER
Type of Records: Any and all patient billing records, including but not limited to, an itemization
detailing each and every service rendered, date and amount charged for each service provided and
the total amount of charges including payments and balanced owed, if any, pertaining to the
examination, treatment and care provided to JOE M. PRESSLER (DOB: 03/07/1953) for all dates of
service from July 30, 2019 to the present.
Before me, the undersigned authority, personally appeared
Custodian of Records, who, being by me duly sworn, testified as follows:
My name is Vodhi GQ Zany i a Tam over the age of eighteen (18) years of age,
of sound mind, capable of making this affidavit, and personally acquainted with the facts stated
herein:
Iam the Custodian of Records for: Primecare Medical Group
Attached to this affidavit are records that provide an itemized statement of the service that
this facility provided to the above-named person from July 30, 2019 to the present. The attached
records are a part of this affidavit. The attached records are kept in the regular course of business at
5, . The information contained in the records was transmitted to me in the regular
course of business or by an employee or representative of this facility with personal knowledge of
the information. The records were made at or near the time or reasonably soon after the time that
the service was provided. The records are the original or an exact duplicate of the original.
The“| total amount of the charges for services rendered of the above-named person is:
$ 03
The following has been paid on this account:
§ tos Paid by patient or responsible party (if patient is a minor)
s 022,63 Paid by private insurance
§_ 2.86.40 Amount of adjustments and/or write-offs
sO Amount outstanding
The services provided were necessary and the amounts charged for the services were
reasonable at the time and place that the services were provided.
Page
1 of 2
Affidavit
JP000096
he)
AFFIANT (Custodian of Records)
STATE OF Tp
COUNTYOF AaaznsS
SWORN TO AND SUBSCRIBED before me, the undersigned authority, by the above-
named on this the +f day of De tsmse2__, 2020
JANICE VICK! SHEIL HOPPER]
Notary ID #128590791
My Commission Expires
| ein iil: Yul)- Heyes
Aprii 20, 2023 Notary Public, State ofTexas
My commission expires: @ ¥, L; Ze (20tB
Page 2 of 2
Affidavit
JP000097
Exhibit D
No. 20-CV-0483
JOE PRESSLER 3 IN THE DISTRICT COURT OF
vs. GALVESTON COUNTY, TEXAS
PONCE GONZALEZ 10TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for: PRIMECARE MEDICAL GROUP
Records Pertaining To: JOE PRESSLER
Type of Records: Any and all billing records from 07/30/2019 to the present, including but not limited to itemized billing
statements pertaining to the examination and/or treatment of JOE PRESSLER.
Please state your full name, title and business addregs
Answer fava Conaiz Bill mg Gud medical Ceuotds Q 2a gessrer Ra. Se. 2420. Houston, 1x 17024
Did you receive a subpoena to produce any and all itemizations regarding medical bills that have been paid either by
Plamtiff, JOE PRESSLER, Medicaid, Medicare and/or any third-party payor on behalf of Plaintiff, JOE PRESSLER?
Answer, Yeo
Are you able to identify the documents containing the itemization(s) as the original or (rue and correct photostatic copies
of the originals?
Answer: Yeo
Has your office made or caused to be made any itemization(s) in any form pertaining to Plaintiff, JOE PRESSLER?
Answer:, Ves
Ig this itemization(s} under your care, supervision, direction, custody and/or control?
Answer: Ves
JP000080
Was this itemization(s) made in the regular course of your business? (Business means any kind of regularly or organized
activity, whether conducted for profit or not.)
Answer, Veo
‘Was it in the regular course of business for a person with knowledge of the acts, events, conditions, opinions or diagnoses
to make such records or transmit the information thereofto be included in such itemization(s)?
Answer: Ves
Was this itemization(s) made at or near the time of the treatment or tike event or reasonably soon thereafter?
Answer Ye
Please attach any itemization(s) outlined in the subpoena, Have you provided all such itemizations?
Answer, Ved
10. ‘What amount was actually paid by Medicare on behalf of Plaintiff, JOE PRESSLER, for medical services rendered?
Answer: ©
i Has the amount paid to Medicare on behalf of Plaintiff, JOE PRESSLER, been accepted as payment in full for medical
services rendered? (If no paymant has been made by Medicare, simply answer “not applicable.”)
Answer: Lt _@ policablo
12 If not, please list the amount owed by Medicare on behalf of Plaintiff, JOE PRESSLER, for medica! services rendered.
Answer: hot applicable
13 What amount was actually paid by Medicaid on behalf of Plaintiff, JOE PRESSLER, if any, for medical services
rendered?
Answer: O
14 Has the amount paid by Medicaid on behalfof Plaintiff, JOE PRESSLER, been accepted as payment in full for medical
services rendered? (If no payment has been made by Medicaid, simply answer “not applicable.”)
Answer: Nok applicable
JP000081
15, If not, please state the amount owed by Medicaid on behalfof Plaintiff, JOE PRESSLER, for medical services rendered.
Answer: Mot apelicable -
16, Did a third-party payor (other than Medicare or Medicaid) make any payments on behalf of Plaintiff, JOE PRESSLER,
for medical services rendered? If so, please list the name of the third-party payor that made payments on behalf of
Plaintiff, JOE PRESSLER, for medical services rendered,
Answer: Ye5 1 Kelna
17. What amount was actually paid by a third-party payor, if any, on behalf of Plaintiff, JOR PRESSLER, (other than
Medicare or Medicaid) for medical sorvices rendered?
Answer:, 42,402.92
18, Has the amount paid by any third-party payor on behalf of Plaintiff, JOE PRESSLER, (other than Medicare or
Medicaid) been accepted as payment in full for medical services rendered? (If no payment has been made by any
third-party payor, simply answer “not applicable.”)
Answer: Yes
19. If not, please list the amount owed by any third-party payor on behalf of Plaintiff, JOE PRESSLER, (other than
Medicare or Medicaid) for medical services rendered.
Answer: ©
20. What amount was actually paid by Plaintiff, JOL PRESSLER, for medical services rendered, if any?
Answer, 4 \8400
2) If the Plaintiff, JOE PRESSLER, actually paid for medical services rendered, was the amount paid by Plaintiff, JOR
PRESSLER, accepted as payment in full for medical services rendered? (Ifno payment has been made by the Plaintiff,
JOE PRESSLER, simply answer “nat applicable.”) If not, please list the amount owed by Plaintiff, JOE PRESSLER,
if any.
Answer: 4 li.c0
22. Has any amount been written off for medical services rendered to Plaintiff, JOE PRESSLER? If so, please state the
total amount written off for medical services rendered on behalf of Plaintiff, JOE PRESSLER.
Answer, 4 2,143.62
JP000082
23, {n sum, what is the total amount paid on behalfof Plaintiff, JOE PRESSLER, for medical services rendered, if any?
Answor, b 2586, 52,
24. In sum what is the total amount owed by Plaintiff, JOE PRESSLER, for medical services rendered, if any?
Answer 4 too
25. In sum, what is the total amount billed for medical services rendered pertaining to JOE PRESSLER?
Answer: $4 741g
26. Please fill in the following blanks with the requested information concerning medical treatment provided to JOL
PRESSLER.
A. TOTAL AMOUNT FOR ALL MEDICAL BILLED: 4 ae
B. TOTAL AMOUNT PAID BY PRIVATE INSURER $_Z 402-52.
TOTAL AMOUNT PAID BY MEDICARE/MEDICAID:
TOTAL AMOUNT PAID BY PLAINTIFFS: t QD
E. TOTAL AMOUNT WRITTEN OFF OR CHARGED OFF:
TOTAL AMOUNT STILL OWED AND BY WHOM, $_ie lee
ba
WITNESS ibs a
Before me, the undersigned authority, on this day personally appeared edt va rovkere .
known to me to be the person whose name is subscribed to the foregoing et in the capacity therein stdted, who being first
duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. | further certify that the
records attached hereto are exact duplicates of the original records.
SWORN TO AND SUBSCRIBED before me this UG day of, Nw \e 20 2 \
JANICE VICKI SHEIL HOPPER]
Notary ID #128590791
My Commission Expires
Venere Vite Si Rs Nope
NOTARY PUBLIC
‘April 20, 2023
My Commission Expires Ce. le 2 22 +72
Order No. 91539.004
JP000083
Exhibit E
No, 20-CV-~0483
JOE PRESSLER IN THE DISTRICT COURT OF
vs. GALVESTON COUNTY, TEXAS
PONCE GONZALEZ 10TH JUDICIAL DISTRICT
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS
Custodian of Records for MEMORIAL HERMANN HEALTHCARE SYSTEM
Records Pei ing To: JOE PRESSLER
Type of Records: Any and all billing records from 07/30/2019 to the present, including but not limited to itemized billing
statements pertaining to the examination and/or treatment of JOE PRESSLER.
“Subject to Attachment A, Respondent answersas follows:
1 Please state your full name, title and business address.
Answer:_Minerva Antu; Director of Patient Accounts, Patient Business Services: 909 Frastwood
Houston, Texas 77024
Did you receive a subpoena to produce any end all itemizations regarding medical bills that have been paid either by
Plaintif®, JOE PRESSLER, Medicaid, Medicare and/or any third-party payor on behalfof Plaintiff, JOE PRESSLER?
Answer, Yes sii
Are you able to identify the documents containing the itemization(s) as the original or true and correct photostatic copies
of the originals?
Answer: Yes a cnt
Has your office made or caused to be made any itemization(s) in any form pertaining to Plaintiff, JOE PRESSLER'
Answer; Yes
Is this itemization(s) under your care, supervision, direction, custody and/or control?
Answer: Yes
JP000290
Was this itemization(s) made in the regular course of your business? (Business means any kind of regularly or organized
activity, whether conducted for profit or not.)
Answer! Yes
Was it in the regular course of business for a person with knowledge of the acts, events, conditions, opinions or diagnoses
to make such records or transmit the information thereof to be included in such ‘Htemization(s)?
Answer? Yes
Was this itemization(s) made at or near the time of the treatment or like event or reasonably soon thereafter?
Answer: Yes
Please attach any itemization(s) outlined in the subpoena. Have you provided all such itemizations?
Answer, Subject to attachment A, Yes
10. What amount was actually paid by Medicare on behalf of Plaintiff, JOE PRESSLER, for medical services rendered?
Answer: $0.00
if Has the emount paid to Medicare on behalf of Plaintiff, JOE PRESSLER, been accepted as payment in ful! for medica!
services rendered? (Ifno paymenthas been made by Medicare, simply answer “pot applicable.”)
Answer.
N/A
12 Tf not, please list the amount owed by Medicare on behalf of Plaintiff, JOE PRESSLER, for medical services rendered.
Answer: $0.00
13 ‘What amount was actually paid by Medicaid on behalf of Plaintif, JOR PRESSLER, if any, for medical services
rendered?
Answer, $0.00
wis
14 Has the amount paid by Medicaid on behalfof Plaintiff, JOE PRESSLER, been accepted as payment in full for medical
services rendered? (If no payment has been made by Medicaid, simply answer “not applicable.”)
Answer: N/A
se
JP000291
15, If not, please state the amount owed by Medicaid on behalf of Plaintiff, JOE PRESSLER, for medical services rendered.
Answer: $0.00
i
16, Did a third-party payor (other than Medicare or Medicaid) make eny payments on behalf of Plaintif, JOE PRESSLER,
for medical services rendered? If so, please list the name of the third-party payor that made payments on behalf of
PlaintitZ, JOE PRESSLER, for medical services rendered.
Answer, No a
17. What amount was actually paid by a third-party payor, if any, on behalf of Plaintiff, JOE PRESSLER, (other than
Medicare or Medicaid) for medica! services rendered?
Answer: $0.00
18. Has the amount paid by any third-party payor on behalf of Plaintiff, JOE PRESSLER, (other than Medicare or
Medicaid) been accepted as payment in fall for medical services rendered? (If no payment has been made by any
third-party payor, simply answer “not applicable.”)
Answer: NIA
19, If not, please list the amount owed by any third-party payor on behalf of Plaintiff, JOE PRESSLER, (other than
Medicare cr Medicaid) for medical services rendered.
Answer,__ $0.00
20, What amount was actually paid by Plaintiff, JOE PRESSLER, for medical services rendered, if any?
Answer: 00
21, If the Plaintiff, JOE PRESSLER, actually paid for medical services rendered, was the amount paid by Plaintif, JOE
PRESSLER, accepted as payment in full for medical services rendered? (Ifno payment has been made by the Plaintiff,
JOE PRESSLER, simply answer “not applicable.”) Ifnot, plea
Preview
Filed: 4/19/2021 8:39 PM J OHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 52614935 By: Lisa Kelly 4/20/2021 8:52 AM CAUSE NO. 20-CV-0483 JOE M. PRESSLER IN THE DISTRICT COURT OF v GALVESTON COUNTY, TEXAS PONCE GONZALEZ 10°! JUDICIAL DISTRICT DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S SECTION 18.001 BILLING RECORD AFFIDAVITS Defendants Elio Gonzalez Ponce (“Gonzalez”), Vicente Soria, and Maria Soria (collectively “Defendants”) file this Motion to Strike Plaintiff Joe M. Pressler’s (“Plaintiff”) Section 18.001 Billing Record Affidavits and would show the Court as follows. I SUMMARY OF ARGUMENT Pressler’s Section 18.001 billing record affidavits filed on March 29, 2021, should be stricken by this Court, as they were filed late. Pressler was required to file these billing record affidavits within 90 days after Defendants answered the lawsuit, and they were filed months past the due date. Additionally, Pressler sent three additional billing record affidavits to Defendants’ counsel on April 16, 2021 that were also past the deadline and were not noticed with the Court. Il. BACKGROUND On July 30, 2019, Pressler and Gonzalez were involved in an automobile accident. (P1.’s 1‘ Am. Pet. at 3.) Pressler filed this case on March 31, 2020, seeking damages for his alleged injuries related to the accident. (Pl.’s Orig. Pet. & Request for Disclosure.) Gonzalez filed a pro se answer on April 26, 2020. (Gonzalez Orig. Answer.) Pressler amended his petition to add claims against the Sorias on May 18, 2020. (PI.’s 1‘ Am. Pet.) The Sorias answered the lawsuit on August 12, 2020, and Gonzalez filed an amended answer on August 21, 2020. (Defs. Vicente & Maria Soria’s Orig. Answer & Jury Demand; Def. Elio Ponce Gonzalez’s Am. Answer & Jury Demand.) Pressler served the following Section 18.001 billing record affidavits on March 29, 2021: Provider and Exhibit Record Bates Label Date(s) of Treatment Bindal Surgery Clinic (Exhibit A) JP000064-JP000072 10/10/19, 10/30/19 Natural Health Houston (Exhibit B) JP000073-JP000076 10/1/19, 10/4/19, 10/8/19 Primecare Medical Group (Exhibit C) JP000077-JP000095! 7/31/19, 8/13/19, 12/4/19, 8/14/20, 11/30/20, 1/14/21, 2/2/21? Primecare Medical Group (Exhibit D) JP000096-JP0001005 7/31/19, 12/4/19, 8/14/20 Under the Agreed Second Amended Discovery and Docket Control Order, Pressler’s deadline for designating expert witnesses was March 29, 2021. (Agreed 24 Am. Docket Control Order.) On April 16, 2021, Pressler also sent to Defendants, without filing a notice with the Court, the following additional billing record affidavits: Provider and Exhibit Record Bates Label Date(s) of Treatment Memorial Hermann Healthcare JP000290-JP000298 8/1/19 System (Exhibit E) Natural Health Houston (Exhibit F) JP000299-JP000326 9/6/19, 9/10/19, 9/13/19, 9/17/19, 9/24/19, 9/25/19, 10/1/19, 10/4/19, 10/8/19 CVS Pharmacy (Exhibit G) JP000327-JP000336 Prescriptions: 8/2/19 through 3/12/21 1 These are the bates labels as the labels actually appear on the documents. Pressler mislabeled these in his notice as “PLTF000077-PLTF000095,” instead of “JP,” as it is labeled in the documents. 2 It appears that the visits on 1/14/21 and 2/2/21 are unrelated to the accident. 3 These are the bates labels as they actually appear on the documents. Pressler mislabeled these in his notice as “PLTF000096-PLTF000100,” instead of “JP000096-JP000100,” as it is labeled in the documents. Defendants object to the late service of Pressler’s billing record affidavits and request that this Court strike these affidavits that attempt to establish the reasonableness and necessity of Pressler’s treatment course and costs. Further, Defendants object to Pressler’s failure to properly serve the billing record affidavits by filing notice with the Court for Exhibits D-F. lil. ARGUMENTS AND AUTHORITIES Pressler’s Section 18.001 billing record affidavits are inadmissible as they were not filed and served within the statutory deadline. Pressler’s medical treatment with these providers commenced before Defendants filed their answers. Pressler filed and served his affidavits months after the deadline set by Section 18.001. Additionally, several of the billing record affidavits served on Defendants’ counsel were not properly noticed with the clerk of court when they were served on Defendants’ counsel. Pursuant to Texas Civil Practice and Remedies Code Section 18.001, affidavits concerning costs and necessity of services must be filed with the Court by notice and served on opposing counsel. For treatment begun with a provider before a defendant answers, Section 18.001(d) requires that a claimant offering affidavits into evidence must serve the affidavit by the earlier of: a 90 days after the date the defendant files its answer; 2) the date the offering party must designate any expert witness under a court order; or (3) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure. Tex. Civ. Prac. & Rem. Code § 18.001(d). All of Pressler’s treatment was initiated before the dates Defendants answered, as shown in the table above. Pressler began his treatment all providers—Primecare Medical Group, Bindal Surgery Clinic, Memorial Hermann, CVS Pharmacy, and Natural Health Houston—before he even filed this lawsuit. Section 18.001 does not address how the deadlines are treated where there multiple defendants filing answers at different times, as in this case. Gonzalez first answered on April 26, 2020. Even if the deadline is 90 days from when the next defendants (the Sorias) answered, which would be November 10, 2020, Pressler’s billing record affidavits were months late. The date for Pressler to designate experts was set by the Agreed Docket Control Order for March 29, 2021.4 (Agreed 24 Am. Docket Control Order.) As 90 days from when Defendants answered falls well before the expert deadline date, Pressler’s deadline to file the billing record affidavits was 90 days from the date of the answer. Pressler served his Section 18.001 billing record affidavits on Defendant on March 29, 2021, months after the statutory deadline. Thus, all of Pressler’s billing record affidavits must be struck as untimely. Additionally, Section 18.001(d-2) requires Pressler to file notice with the clerk of court when serving the affidavit. For Exhibits D-F, Pressler served these affidavits on April 16, 2021, with no accompanying notice with the Court. Thus, in addition to being untimely, Exhibits D-F were also not properly served. Iv. CONCLUSION As Plaintiff Joe M. Pressler failed to comply with the requirements set forth in Section 18.001, Defendants object to the use of his billing record affidavits and ask that the Court order them struck. Defendants Vicente Soria, Maria Soria, and Elio Gonzalez Ponce respectfully 4 Under Texas Rule of Civil Procedure 195.2, if the Court does not order dates for expert designations, then a plaintiff must designate experts by the later of 30 days after a request is served or 90 days before the end of the discovery period. As the Court entered a Docket Control Order in this case, this section is not applicable. request that the Court enter an order prohibiting Pressler from offering affidavit testimony as evidence of the reasonableness and necessity of his medical treatment and expenses at the trial of this matter. Defendants further request all such other and further relief to which they may be entitled. Respectfully submitted, JORDAN, LYNCH & CANCIENNE PLLC By: /s/ Kelly Wilson Michael Cancienne State Bar No. 24055256 Kelly Hill Wilson State Bar No. 24089579 1980 Post Oak Blvd., Suite 2300 Houston, Texas 77056 Telephone: 713.955.4025 Facsimile: 713.955.9644 meancienne@jlcfirm.com kwilson@jlcfirm.com ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE I certify that a copy of the above and foregoing was served on all parties in accordance with the Texas Rules of Civil Procedure on April 19, 2021. Richard M. Grimes Jennifer B. Swick Grimes & Fertitta, P.C. 1885 St. James Place, Suite 1330 Houston, Texas 77056 rmgrimes@grimesfertitta.com Jbswick@grimesfertitta.com /s/ Kelly Wilson Kelly Wilson CAUSE NO. 20-CV-0483 JOE M. PRESSLER IN THE DISTRICT COURT OF Vv GALVESTON COUNTY, TEXAS PONCE GONZALEZ 10'* JUDICIAL DISTRICT DECLARATION OF KELLY HILL WILSON My name is Kelly Hill Wilson, my date of birth is February 9, 1989, and my business address is 1980 Post Oak Blvd., Suite 2300, Houston, Texas 77056. I am an attorney representing Defendants Elio Gonzalez Ponce (“Gonzalez”), Vicente Soria, and Maria Soria (collectively “Defendants”) in the above-named matter, and I declare under penalty of perjury that the following is true and correct: l The information contained herein is based on my own personal knowledge, based on my representation of Defendants in this matter. Plaintiff's Original Petition was filed on March 31, 2020, and Plaintiff filed an amended petition on May 18, 2020. Defendant Elio Gonzalez’s pro se Answer was filed April 26, 2020. Defendants Vicente Soria and Maria Soria’s Original Answer was filed on August 12, 2020. Defendant Gonzalez filed an amended answer on August 21, 2020. Attached as Exhibit A is a true and correct copy of the billing records affidavit of Bindal Surgery Clinic dated March 2, 2021, which was electronically filed with the Court on March 29, 2021. I have reviewed these records, and the referenced billing records are for treatment dates of October 10 and 30, 2019. Attached as Exhibit B is a true and correct copy of the billing records affidavit of Natural Health Houston dated March 3, 2021, which was electronically filed with the Court on March 29, 2021. I have reviewed these records, and the referenced billing records are for treatment dates of October 1, 4, and 8, 2019. Attached as Exhibit C is a true and correct copy of the billing records affidavit of Primecare Medical Group dated December 4, 2020, which was electronically filed with the Court on March 29, 2021. I have reviewed these records, and the referenced billing records include treatment dates of July 31, 2019, August 3, 2019, December 4, 2019, August 14, 2020, November 30, 2020, January 14, 2021, and February 2, 2021. Attached as Exhibit D is a true and correct copy of the billing records affidavit of Primecare Medical Group dated March 9, 2021, which was electronically filed with the Court on March 29, 2021. I have reviewed these records, and the referenced SS TS SS SSS ST CO billing records are for treatment dates of Jul y 31, 2019, December 4, 2019, and August 14, 2020. Attached as Exhibit E is a true and correct copy of the billing records affidavit of Memorial Hermann Healthcare System dated March 18, 2021, which was served by Plaintiff's counsel on April 16, 2021. This billing record affidavit has no t been filed with the Court as of the date of this declaration. I have reviewed th ese records, and the referenced billing records are for treatment date of August 1, 2019. Attached as Exhibit F is a true and correct copy of the billing records affidavit of Natural Health Houston dated F ebruary 15, 2021, which was served by Plaintiffs counsel on April 16, 2021. This billing record affidavit has not been filed with the Court as of the date of this declaration. I have reviewed these records, and the referenced billing records are for treatment dates of September 6, 2019, September 10, 2019, September 13, 2019, September 17, 2019, September 24, 2019, September 25, 2019, October 1, 2019, October 4, 2019, and October 8, 2019. 10 Attached as Exhibit G is a true and correct copy of the undated billing records affidavit of CVS Pharmacy, which was served by Plaintiff's counsel on April 16, 2021. This billing record affidavit has not been filed with the Court as of the date of this declaration. I have reviewed these records, and the referenced billing records are for pharmacy-related medications from August 2, 2019 through March 12, 2021. yay) EXECUTED in Houston, Texas on the! day of April, 2021. Kelly | Wilson Exhibit A No. 20-CV-0483 JOE PRESSLER IN THE DISTRICT COURT OF ys. GALVESTON COUNTY, TEXAS PONCE GONZALEZ _ 10TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for; BINDAL NEUROSURGICAL CLINIC Records Pertaining To: JOE PRESSLER Type of Records: Any and all billing records from 07/30/2019 to the present, including but not limited to itemized billing statements pertaining to the examination and/or treatment of JOE PRESSLER. Please state your full name, title and business address. ansves\QNESSO TOWAN Front Desk,7132. SA. FWY 230 Heuston. Did you receive a subpoena to produce any and all itemizations regarding medical bills that have been paid either by Plaintiff, JOE PRESSLER, Medicaid, Medicare and/or any third-party payor on behalf of Plaintiff, JOR PRESSLER? Answer = foe pees — Are you able to identify the documents containing the itemization(s) as the original or true and correct photostatic copies of the originals? Answer: AS SSS Has your office made or caused to be made any itemization(s) in any form pertaining to Plaintiff, JOZ PRESSLER? Answer; eet Is this itemization(s) under your care, supervision, direction, custody and/or control? Answer: eee on a JP000067 6. Was this itemization(s) made in the regular course of your business? (Business means any kind of regularly or organized activity, whether conducted for profit or not.) Answer ee es a oe ~ Was it in the regular course of business for a person with knowledge of the acts, events, conditions, opinions or diagnoses to make such records or transmit the information thereof to be included in such itemization(s)? Answer Ws ae Was this itemization(s) made at or near the time of the treatment or like event or reasonably soon thereafter? Answer; i Mie nan eee Please attach any itemization(s) outlined in the subpoena. Have you provided all such itemizations? Answer; US a 10. What amount was actually paid by Medicare on behalf of Plaintiff, JOE PRESSLER, for medical services rendered? Ans’ on YC Ce plical ee vo i Has the amount paid to Medicare on behalfof Plaintiff, JOE PRESSLER, been accepted as payment in full for medical services rendered? (If no payment has been made by OC i) answer “not applicable.”) Answer: Ms _oupplicalale. a 12, Ifnot, please list the amount owed by Medicare on Ol of ab JOE PRESSLER, for medical services rendered. Answer: Wr ofphicalo! a 13. What amount was actually paid by Medicaid on behalf of Plaintiff, JOR PRESSLER, if any, for medical services rendered? Answer: \ot_ CUPP aoe. 14 Has the amount paid by Medicaid on behalf of Plaintiff, JOE PRESSLER, been accepted as payment in full for medical services rendered? (if no payment has been made by Medicaid,CAG answer “not applicable.”) Answer —_\wor_apol Peet JP000068 "ot Op licab 15. If not, please state the amount owed by Med ‘aid on ple of Plaintiff, JOE PRESSLER, for medical services rendered. Answer: iCaole Pree 2 16 Did a third-party payor (other than Medicare or Medicaid) make any payments on behalf of Plaintiff, JOE PRESSLER, for medical services rendered? If so, please list the name of the third-party payor that made payments on behalf of Plaintiff, JOE me Oe a 1. services rendered. Answer Oo a oe 17, What amount was actually paid by a third-party payor, if any, on behalf of Plaintiff, JOE PRESSLER, (other than Medicare or Medicaid) for medical services rendered? Answer: = §oSW.le sen if 18 Has the amount paid by any third-party payor on behalf of Plaintiff, JOE PRESSLER, (other than Medicare or Medicaid) been accepted as payment in full for medical services rendered? (If no payment has been made by any third-party payor, simply answer “not applicable.” §- \VDuee Luitientya Answer ~ /.. Hh nis ios v Cuivery wah fe a kn (other than 19. If not, please list the amount owed by any third-party payor on behalf of Plaintiff, JOE a Medicare or Medicaid) for medical services rendered. Answer see : if 20 What amount was actually paid by Plaintiff, JOE PRESSLER, for medical services rendered, if any? Answer: oo QO. 00 sae 21 If the Plaintiff, JOE PRESSLER, actually paid for medical services rendered, was the amount paid by Plaintiff, JOR PRESSLER, accepted as payment in full for medical services rendered? (If no payment has been made by the Plaintiff JOE PRESSLER, simply answer “not applicable.”) If not, please list the amount owed by Plaintiff, JOE PRESSLER, if any. Answer: Uss se = 22. Has any amount been written off for medical services rendered to Plaintiff, JOE PRESSLER? If so, please state the total amount written off for medical services rendered on behalfof Plaintiff, JOE PRESSLER. Answer; — Vp JP000069 23 In sum, what is the total amount paid on behalf of Plaintiff, JOE PRESSLER, for medical services rendered, if any? Answer: a § Au. DY ee 24 In sum what is the total amount owed by Plaintiff, JOE PRESSLER, for medical services rendered, if any? Answer: cee SATA 13 25 In sum, what is the total amount billed for 1b services rendered pertaining to JOE PRESSLER? Answer: oD see ~ 26. Please fill in the following blanks with the requested information concerning medical treatment provided to JOE PRESSLER. TOTAL AMOUNT FOR ALL MEDICAL BILLE! $ V7]..00 TOTAL AMOUNT PAID BY PRIVATE INSURER: 2 TOTAL AMOUNT PAID BY MEDICARE/MEDICAID: oe : TOTAL AMOUNT PAID BY PLAINTIFFS: TOTAL AMOUNT WRITTEN OFF OR CHARGED OFF: TOTAL AMOUNT STILL OWED AND BY WHOM: § rat: ete WITNESS (Cas jian of Records) { thaw Z Before me, the undersigned authority, on this day personally appeared A Tokar known to me to be the person whose name is subscribed to the foregoing instrument in the capacity therein stated, who being fifi rst duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. I further certify that the records attached hereto are exact duplicates of the original records. ok » 2( SWORN TO AND SUBSCRIBED before me this 2 day of Mesh eae Z RY PUBLIC YP Christopher M. Calix My Commission Expires My Commission Expires, 2/01 12024.—— — Peg ID No, 130519303 Order No. 91539.006 JP000070 Exhibit B AFFIDAVIT Records Pertaining to: JOE M. PRESSLER Type of Records: Any and all patient billing records, including but not limited to, an itemization detailing each and every service rendered, date and amount charged for each service provided and the total amount of charges including payments and balanced owed, if any, pertaining to the examination, treatment and care provided to JOE M. PRESSLER (DOB: 03/07/1953) for all dates of service from July 30, 2019 to the present. Before me, the undersigned authority, personally appeared Pryolicn Custodian of Records, who, being by me duly sworn, testified as follgws: Gee My name is Yue Iam over the age of eighteen (18) years of age, of sound mind, capable yf making this affidavit, and personally acquainted with the facts stated herein: Iam the Custodian of Records for: Natural Health Houston Attached to this affidavit are records that provide an itemized statement of the service that this facility provided to the above-named person from July 30, 2019 to the present. The attached records are a part of this affidavit. The attached records are kept in the regular course of business at . The information contained in the records was transmitted to me in the regular course of business or by an employee or representative of this facility with personal knowledge of the information. The records were made at or near the time or reasonably soon after the time that the service was provided. The records are the original or an exact duplicate of the original. Truss aon of the charges for services rendered of the above-named person is: The following has been paid on this account: s_ (50.00 Paid by patient or responsible party (if patient is a minor) $. g Paid by private insurance s D Amount of adjustments and/or write-offs 3 F\0.) Amount outstanding The services provided were necessary and the amounts charged for the services were reasonable at the time and place that the services were provided. Page 1 of 2 Affidavit JP000073 AFFIANT oe of Records) STATE OF Tyae COUNTY OF dais To SWORN TO ND SUBS‘ [BED before me, the undersigned authority, by the above- named on this the day of. 29 M sat Notary Pa‘ab {State of Texas oe AMBER KOREN HOHLBAUGH ee lotary Public, State of Texas| HUY oY £5 nv we Comm, Expires 09-02-2024 Notary ID 132654561 My commissi, yn expires: Page 2 of 2 Affidavit JP000074 Exhibit C AFFIDAVIT Records Pertaining to: JOE M. PRESSLER Type of Records: Any and all patient billing records, including but not limited to, an itemization detailing each and every service rendered, date and amount charged for each service provided and the total amount of charges including payments and balanced owed, if any, pertaining to the examination, treatment and care provided to JOE M. PRESSLER (DOB: 03/07/1953) for all dates of service from July 30, 2019 to the present. Before me, the undersigned authority, personally appeared Custodian of Records, who, being by me duly sworn, testified as follows: My name is Vodhi GQ Zany i a Tam over the age of eighteen (18) years of age, of sound mind, capable of making this affidavit, and personally acquainted with the facts stated herein: Iam the Custodian of Records for: Primecare Medical Group Attached to this affidavit are records that provide an itemized statement of the service that this facility provided to the above-named person from July 30, 2019 to the present. The attached records are a part of this affidavit. The attached records are kept in the regular course of business at 5, . The information contained in the records was transmitted to me in the regular course of business or by an employee or representative of this facility with personal knowledge of the information. The records were made at or near the time or reasonably soon after the time that the service was provided. The records are the original or an exact duplicate of the original. The“| total amount of the charges for services rendered of the above-named person is: $ 03 The following has been paid on this account: § tos Paid by patient or responsible party (if patient is a minor) s 022,63 Paid by private insurance §_ 2.86.40 Amount of adjustments and/or write-offs sO Amount outstanding The services provided were necessary and the amounts charged for the services were reasonable at the time and place that the services were provided. Page 1 of 2 Affidavit JP000096 he) AFFIANT (Custodian of Records) STATE OF Tp COUNTYOF AaaznsS SWORN TO AND SUBSCRIBED before me, the undersigned authority, by the above- named on this the +f day of De tsmse2__, 2020 JANICE VICK! SHEIL HOPPER] Notary ID #128590791 My Commission Expires | ein iil: Yul)- Heyes Aprii 20, 2023 Notary Public, State ofTexas My commission expires: @ ¥, L; Ze (20tB Page 2 of 2 Affidavit JP000097 Exhibit D No. 20-CV-0483 JOE PRESSLER 3 IN THE DISTRICT COURT OF vs. GALVESTON COUNTY, TEXAS PONCE GONZALEZ 10TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for: PRIMECARE MEDICAL GROUP Records Pertaining To: JOE PRESSLER Type of Records: Any and all billing records from 07/30/2019 to the present, including but not limited to itemized billing statements pertaining to the examination and/or treatment of JOE PRESSLER. Please state your full name, title and business addregs Answer fava Conaiz Bill mg Gud medical Ceuotds Q 2a gessrer Ra. Se. 2420. Houston, 1x 17024 Did you receive a subpoena to produce any and all itemizations regarding medical bills that have been paid either by Plamtiff, JOE PRESSLER, Medicaid, Medicare and/or any third-party payor on behalf of Plaintiff, JOE PRESSLER? Answer, Yeo Are you able to identify the documents containing the itemization(s) as the original or (rue and correct photostatic copies of the originals? Answer: Yeo Has your office made or caused to be made any itemization(s) in any form pertaining to Plaintiff, JOE PRESSLER? Answer:, Ves Ig this itemization(s} under your care, supervision, direction, custody and/or control? Answer: Ves JP000080 Was this itemization(s) made in the regular course of your business? (Business means any kind of regularly or organized activity, whether conducted for profit or not.) Answer, Veo ‘Was it in the regular course of business for a person with knowledge of the acts, events, conditions, opinions or diagnoses to make such records or transmit the information thereofto be included in such itemization(s)? Answer: Ves Was this itemization(s) made at or near the time of the treatment or tike event or reasonably soon thereafter? Answer Ye Please attach any itemization(s) outlined in the subpoena, Have you provided all such itemizations? Answer, Ved 10. ‘What amount was actually paid by Medicare on behalf of Plaintiff, JOE PRESSLER, for medical services rendered? Answer: © i Has the amount paid to Medicare on behalf of Plaintiff, JOE PRESSLER, been accepted as payment in full for medical services rendered? (If no paymant has been made by Medicare, simply answer “not applicable.”) Answer: Lt _@ policablo 12 If not, please list the amount owed by Medicare on behalf of Plaintiff, JOE PRESSLER, for medica! services rendered. Answer: hot applicable 13 What amount was actually paid by Medicaid on behalf of Plaintiff, JOE PRESSLER, if any, for medical services rendered? Answer: O 14 Has the amount paid by Medicaid on behalfof Plaintiff, JOE PRESSLER, been accepted as payment in full for medical services rendered? (If no payment has been made by Medicaid, simply answer “not applicable.”) Answer: Nok applicable JP000081 15, If not, please state the amount owed by Medicaid on behalfof Plaintiff, JOE PRESSLER, for medical services rendered. Answer: Mot apelicable - 16, Did a third-party payor (other than Medicare or Medicaid) make any payments on behalf of Plaintiff, JOE PRESSLER, for medical services rendered? If so, please list the name of the third-party payor that made payments on behalf of Plaintiff, JOE PRESSLER, for medical services rendered, Answer: Ye5 1 Kelna 17. What amount was actually paid by a third-party payor, if any, on behalf of Plaintiff, JOR PRESSLER, (other than Medicare or Medicaid) for medical sorvices rendered? Answer:, 42,402.92 18, Has the amount paid by any third-party payor on behalf of Plaintiff, JOE PRESSLER, (other than Medicare or Medicaid) been accepted as payment in full for medical services rendered? (If no payment has been made by any third-party payor, simply answer “not applicable.”) Answer: Yes 19. If not, please list the amount owed by any third-party payor on behalf of Plaintiff, JOE PRESSLER, (other than Medicare or Medicaid) for medical services rendered. Answer: © 20. What amount was actually paid by Plaintiff, JOL PRESSLER, for medical services rendered, if any? Answer, 4 \8400 2) If the Plaintiff, JOE PRESSLER, actually paid for medical services rendered, was the amount paid by Plaintiff, JOR PRESSLER, accepted as payment in full for medical services rendered? (Ifno payment has been made by the Plaintiff, JOE PRESSLER, simply answer “nat applicable.”) If not, please list the amount owed by Plaintiff, JOE PRESSLER, if any. Answer: 4 li.c0 22. Has any amount been written off for medical services rendered to Plaintiff, JOE PRESSLER? If so, please state the total amount written off for medical services rendered on behalf of Plaintiff, JOE PRESSLER. Answer, 4 2,143.62 JP000082 23, {n sum, what is the total amount paid on behalfof Plaintiff, JOE PRESSLER, for medical services rendered, if any? Answor, b 2586, 52, 24. In sum what is the total amount owed by Plaintiff, JOE PRESSLER, for medical services rendered, if any? Answer 4 too 25. In sum, what is the total amount billed for medical services rendered pertaining to JOE PRESSLER? Answer: $4 741g 26. Please fill in the following blanks with the requested information concerning medical treatment provided to JOL PRESSLER. A. TOTAL AMOUNT FOR ALL MEDICAL BILLED: 4 ae B. TOTAL AMOUNT PAID BY PRIVATE INSURER $_Z 402-52. TOTAL AMOUNT PAID BY MEDICARE/MEDICAID: TOTAL AMOUNT PAID BY PLAINTIFFS: t QD E. TOTAL AMOUNT WRITTEN OFF OR CHARGED OFF: TOTAL AMOUNT STILL OWED AND BY WHOM, $_ie lee ba WITNESS ibs a Before me, the undersigned authority, on this day personally appeared edt va rovkere . known to me to be the person whose name is subscribed to the foregoing et in the capacity therein stdted, who being first duly sworn, stated upon his/her oath that the answers to the foregoing questions are true and correct. | further certify that the records attached hereto are exact duplicates of the original records. SWORN TO AND SUBSCRIBED before me this UG day of, Nw \e 20 2 \ JANICE VICKI SHEIL HOPPER] Notary ID #128590791 My Commission Expires Venere Vite Si Rs Nope NOTARY PUBLIC ‘April 20, 2023 My Commission Expires Ce. le 2 22 +72 Order No. 91539.004 JP000083 Exhibit E No, 20-CV-~0483 JOE PRESSLER IN THE DISTRICT COURT OF vs. GALVESTON COUNTY, TEXAS PONCE GONZALEZ 10TH JUDICIAL DISTRICT DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS Custodian of Records for MEMORIAL HERMANN HEALTHCARE SYSTEM Records Pei ing To: JOE PRESSLER Type of Records: Any and all billing records from 07/30/2019 to the present, including but not limited to itemized billing statements pertaining to the examination and/or treatment of JOE PRESSLER. “Subject to Attachment A, Respondent answersas follows: 1 Please state your full name, title and business address. Answer:_Minerva Antu; Director of Patient Accounts, Patient Business Services: 909 Frastwood Houston, Texas 77024 Did you receive a subpoena to produce any end all itemizations regarding medical bills that have been paid either by Plaintif®, JOE PRESSLER, Medicaid, Medicare and/or any third-party payor on behalfof Plaintiff, JOE PRESSLER? Answer, Yes sii Are you able to identify the documents containing the itemization(s) as the original or true and correct photostatic copies of the originals? Answer: Yes a cnt Has your office made or caused to be made any itemization(s) in any form pertaining to Plaintiff, JOE PRESSLER' Answer; Yes Is this itemization(s) under your care, supervision, direction, custody and/or control? Answer: Yes JP000290 Was this itemization(s) made in the regular course of your business? (Business means any kind of regularly or organized activity, whether conducted for profit or not.) Answer! Yes Was it in the regular course of business for a person with knowledge of the acts, events, conditions, opinions or diagnoses to make such records or transmit the information thereof to be included in such ‘Htemization(s)? Answer? Yes Was this itemization(s) made at or near the time of the treatment or like event or reasonably soon thereafter? Answer: Yes Please attach any itemization(s) outlined in the subpoena. Have you provided all such itemizations? Answer, Subject to attachment A, Yes 10. What amount was actually paid by Medicare on behalf of Plaintiff, JOE PRESSLER, for medical services rendered? Answer: $0.00 if Has the emount paid to Medicare on behalf of Plaintiff, JOE PRESSLER, been accepted as payment in ful! for medica! services rendered? (Ifno paymenthas been made by Medicare, simply answer “pot applicable.”) Answer. N/A 12 Tf not, please list the amount owed by Medicare on behalf of Plaintiff, JOE PRESSLER, for medical services rendered. Answer: $0.00 13 ‘What amount was actually paid by Medicaid on behalf of Plaintif, JOR PRESSLER, if any, for medical services rendered? Answer, $0.00 wis 14 Has the amount paid by Medicaid on behalfof Plaintiff, JOE PRESSLER, been accepted as payment in full for medical services rendered? (If no payment has been made by Medicaid, simply answer “not applicable.”) Answer: N/A se JP000291 15, If not, please state the amount owed by Medicaid on behalf of Plaintiff, JOE PRESSLER, for medical services rendered. Answer: $0.00 i 16, Did a third-party payor (other than Medicare or Medicaid) make eny payments on behalf of Plaintif, JOE PRESSLER, for medical services rendered? If so, please list the name of the third-party payor that made payments on behalf of PlaintitZ, JOE PRESSLER, for medical services rendered. Answer, No a 17. What amount was actually paid by a third-party payor, if any, on behalf of Plaintiff, JOE PRESSLER, (other than Medicare or Medicaid) for medica! services rendered? Answer: $0.00 18. Has the amount paid by any third-party payor on behalf of Plaintiff, JOE PRESSLER, (other than Medicare or Medicaid) been accepted as payment in fall for medical services rendered? (If no payment has been made by any third-party payor, simply answer “not applicable.”) Answer: NIA 19, If not, please list the amount owed by any third-party payor on behalf of Plaintiff, JOE PRESSLER, (other than Medicare cr Medicaid) for medical services rendered. Answer,__ $0.00 20, What amount was actually paid by Plaintiff, JOE PRESSLER, for medical services rendered, if any? Answer: 00 21, If the Plaintiff, JOE PRESSLER, actually paid for medical services rendered, was the amount paid by Plaintif, JOE PRESSLER, accepted as payment in full for medical services rendered? (Ifno payment has been made by the Plaintiff, JOE PRESSLER, simply answer “not applicable.”) Ifnot, plea