Defendant Hoag Memorial Hospital Presbyterian's Motion for Summary Judgment Defendant Hoag Memorial Hospital Presbyterian’s motion for summary judgment is DENIED for the reasons set forth below. Plaintiff Jerry Sacks’ objections to the Declaration of Ana Sanchez and to the timing of the filing of Defendant’s reply brief are OVERRULED. I.
Factual Background Plaintiff was treated at Hoag on August 29-30, 2016. (UMF 2.) During his visit, he was given a number of self-administered drugs, or SADs, for which he was billed $630.80. (Ibid.)
As alleged in the complaint—and undisputed for purposes of this motion—Plaintiff was a Medicare patient, and although his visit was overnight, he was treated on an outpatient basis. (Compl., ¶ 10.) Because Medicare does not cover SADs for outpatient visits, Plaintiff was left to cover the bill himself. (Ibid.) Plaintiff’s son David Sacks, who took over responsibility for Plaintiff’s financial dealings with Hoag, asked Hoag for any evidence that Plaintiff ha
Hearing Date
December 04, 2020
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Defendant Hoag Memorial Hospital Presbyterian's Motion for Summary Judgment Defendant Hoag Memorial Hospital Presbyterian’s motion for summary judgment is DENIED for the reasons set forth below. Plaintiff Jerry Sacks’ objections to the Declaration of Ana Sanchez and to the timing of the filing of Defendant’s reply brief are OVERRULED. I.
Factual Background Plaintiff was treated at Hoag on August 29-30, 2016. (UMF 2.) During his visit, he was given a number of self-administered drugs, or SADs, for which he was billed $630.80. (Ibid.)
As alleged in the complaint—and undisputed for purposes of this motion—Plaintiff was a Medicare patient, and although his visit was overnight, he was treated on an outpatient basis. (Compl., ¶ 10.) Because Medicare does not cover SADs for outpatient visits, Plaintiff was left to cover the bill himself. (Ibid.) Plaintiff’s son David Sacks, who took over responsibility for Plaintiff’s financial dealings with Hoag, asked Hoag for any evidence that Plaintiff ha