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Jackson v. Professional Radiology Inc.

United States Court of Appeals, Sixth Circuit

July 21, 2017

Barbara Jackson, individually and on behalf of all others similarly situated, Plaintiff-Appellant,
v.
Professional Radiology Inc.; M.D. Business Solutions, Inc.; Controlled Credit Corporation, Defendants-Appellees.

          Argued: April 27, 2017

         Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. No. 1:15-cv-00587-Michael R. Barrett, District Judge.

         ARGUED:

          C. David Ewing, EWING & WILLIS, PLLC, Louisville, Kentucky, for Appellant.

          H. Toby Schisler, DINSMORE & SHOHL, LLP, Cincinnati, Ohio, for Appellees Professional Radiology and M.D. Business Solutions. David B. Shaver, SURDYK, DOWD & TURNER CO., L.P.A., Dayton, Ohio, for Appellee Controlled Credit.

         ON BRIEF:

          C. David Ewing, EWING & WILLIS, PLLC, Louisville, Kentucky, Gary F. Franke, Michael D. O'Neill, GARY F. FRANKE CO. LPA, Cincinnati, Ohio, for Appellant.

          H. Toby Schisler, Jason R. Goldschmidt, DINSMORE & SHOHL, LLP, Cincinnati, Ohio, for Appellees Professional Radiology and M.D. Business Solutions. David B. Shaver, Jeffrey C. Turner, SURDYK, DOWD & TURNER CO., L.P.A., Dayton, Ohio, for Appellee Controlled Credit.

          Before: GUY, SILER, and DONALD, Circuit Judges.

          OPINION

          BERNICE BOUIE DONALD, Circuit Judge.

          The primary question on appeal is whether the appellees' collection of medical bills from the appellant was conduct prohibited by Ohio Revised Code § 1751.60. Because Controlled Credit Corporation ("CCC") is not subject to Ohio Rev. Code § 1751.60, we AFFIRM the district court's grant of a judgment on the pleadings. Because Professional Radiology, Inc. ("PRI") and M.D. Business Solutions, Inc. ("MDB")'s collection efforts sought payment directly from the appellant, there was a violation of Ohio Rev. Code § 1751.60 and we REVERSE the district court's grant of PRI's and MDB's motion to dismiss.

         I. Factual History

         On April 7, 2014, Barbara Jackson ("Jackson") was injured in an automobile accident and taken by ambulance to University Hospital West Chester ("University Hospital). Jackson informed University Hospital that she had health insurance coverage through United Healthcare, a health insurance corporation. While at University Hospital, Jackson received treatment from PRI. PRI uses "MDB" to provide billing services. PRI did not submit treatment charges to United Healthcare. MDB instead sent a letter to Jackson seeking a payment of $1, 066 for the balance of her account for services provided by PRI and requesting that Jackson's attorney sign a letter of protection against any settlement of judgment that would prevent Jackson's account from being sent to collections. This letter was followed by two similar letters.

         When Jackson did not make a payment, her account was turned over to CCC, which sent a letter to Jackson requesting payment of the balance of $1, 066. Jackson advised CCC that she was represented by counsel. Jackson's attorney eventually negotiated a payment to CCC in the amount of $852 in full and final settlement of the charges for the treatment provided by PRI. However, on June 11, 2015, PRI and/or MDB again contacted Jackson to inform her that she still owed $3.49 on her ...


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