Friedlander, S.J.
In this interlocutory appeal, we are presented with the issue of whether evidence of discounts provided to patients who either have private health insurance or are covered by government healthcare reimbursement programs is relevant, admissible evidence regarding the determination of reasonable charges under the Indiana Hospital Lien Act, Indiana Code Annotated section 32-33-4-1, et seq. (West, Westlaw current with P.L. 1-2016 and P.L. 2-2016 of the 2016 Second Regular Session of the 119th General Assembly). We hold that it is and affirm.
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Frost is not challenging that a debt is due Parkview. Likewise, Frost is not asking a court to impute a reasonable price into the contract where no price is stated, or asking a court to completely disregard Parkview’s rates. Instead, he argues that under the Act, he may challenge the reasonableness of the charges claimed, and is entitled to discovery from Parkview in order to do so, relying on language from Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009) regarding the evidentiary use of discounted medical expenses paid.
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In Stanley, the Supreme Court determined that the defendant should have been allowed to introduce evidence of the discounted amount that was paid on behalf of the plaintiff in satisfaction of his account, an issue relevant to the determination of damages, to contradict the plaintiff’s prima facie evidence. Id.
Here, Parkview sought to have the trial court determine as a matter of law that the chargemaster rates were reasonable. That issue was disputed by Frost, who sought to discover discounted amounts Parkview had accepted from other patients in an effort to challenge the lien amount. By frustrating Frost’s discovery efforts, Parkview prevented Frost from meeting Parkview’s prima facie evidence of reasonableness with contradictory evidence. The trial court correctly found that Frost should be allowed to discover that evidence and that such evidence was admissible under the Act.
In light of the foregoing, we affirm the trial court’s decision.
Judgment affirmed.
Vaidik, C.J. concurs.
Najam, J., dissents with separate opinion
Najam, Judge, dissenting.
I respectfully dissent from the majority’s conclusion that the Hospital Lien Act allows an uninsured hospital patient to renegotiate the terms of his contract with the hospital.
This case is controlled by our supreme court’s holding in Allen v. Clarian Health Partners, Inc. In Allen, uninsured patients executed contracts with the hospital under which they “guarantee[d] payment of the account[s].” 980 N.E.2d 306, 308 (Ind. 2012). After providing the patients care, the hospital attempted to collect its chargemaster rates against the patients. The patients sued the hospital for breach of contract on the ground that their contracts did not specify a price for services and, as such, the patients could introduce evidence in court to determine a reasonable price as a matter of law.
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I am not persuaded that, in light of Allen, the holding in Stanley v. Walker has any application to this matter. Stanley involved the evidence a tortfeasor could introduce to attempt to reduce the injured party’s claim of damages. 906 N.E.2d 852, 858 (Ind. 2009). That simply is not this case. See Allen, 980 N.E.2d at 311 (“We decline to extend Stanley to actions for breach of contract.”).
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I believe the majority’s statutory analysis would be correct, and I would concur, were it not for Allen, which is controlling authority. We are bound by Indiana Supreme Court precedent, but I encourage the Indiana Supreme Court to reconsider Allen given the opportunity. As such, I would reverse the trial court’s judgment for Frost and remand with instructions for the court to enter judgment for Parkview.