Apria Healthcare Fraud

georgev747 · Post by **georgev747** » Tue Apr 24, 2007 10:24 am

Sleep apnea Fraud
Veils v. Apria healthcare,
I have filed a lawsuit against Apria healthcare for misrepresentation-fraud. Apria healthcare sells durable medical equipment. To make the story short, Apria healthcare misrepresented it’s the price of a cpap machine to me. They told me that the total price of the machine and peripherals was $446 and my co-payment $223. Two weeks later they started billing me and without authorization, they started charging my credit card. The machine and peripherals were to be about $2500 dollars, more than 3 times retail price. I believe this is wrong because they take advantage of seriously ill people who are not usually in a good efficient state of mind at the time of purchase. They had been unwilling to correct their behavior and although I beg them to take their machine and peripherals, they refused saying that I won’t get my money back. After trying to reason with them for weeks, I filed and unlimited lawsuit with an attachment for punitive damages for their bad faith. I hope I
can bring forward this issue to make people aware of their options and the show devastating effects of this disease.
Apria healthcare is a publicly traded company with approximately 10,000 employees. This Company as most big corporations in my opinion rely in that people will not be able to find attorneys to take their case. this is true even in my case( i have sued but without an attorney, so if you have someone please refer me)
Best regards,
Jorge Rodriguez Velis

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Snoredog · Post by **Snoredog** » Tue Apr 24, 2007 10:36 am

more power to ya, sue their ass off! them bastards!

bdp522 · Post by **bdp522** » Tue Apr 24, 2007 10:49 am

Good Luck, and let us know how you make out!

Brenda

Guest · Post by **Guest** » Tue Apr 24, 2007 11:25 am

Without an attorney? Watch out their powerful attorneys don't counter-sue?

Snoredog · Post by **Snoredog** » Tue Apr 24, 2007 11:38 am

Anonymous wrote:Without an attorney? Watch out their powerful attorneys don't counter-sue?

what are they going to sue him for? Overcharging him? For jacking the price up to ridiculous prices so he has to pay MORE in deductible?

All he has to do is go to a half dozen websites and print out the cost of that machine and show it to the judge then compare it to what he got charged from Apria.

this should be a slam-dunk case, I bet that Hollywood ambulance chaser attorney witch would even be interested in handling this case, what's her name allbright or something like that

oceanpearl · Post by **oceanpearl** » Tue Apr 24, 2007 12:22 pm

Something that you need to keep in mind is that EVERY judge was once a lawyer.
Big companies have lawyers on their staff as well as lawyers on retainer. It will probably not cost them a red cent to defend this. You can expect to get to court and have their attorney postpone at least a couple of times, just to inconvenience you.
My ex boss once told me that "only a fool goes to court without a lawyer".
GOOD LUCK!! But don't get your hopes too high, the court system is rigged against the small guy.

Snoredog · Post by **Snoredog** » Tue Apr 24, 2007 1:06 pm

oceanpearl wrote:Something that you need to keep in mind is that EVERY judge was once a lawyer.
Big companies have lawyers on their staff as well as lawyers on retainer. It will probably not cost them a red cent to defend this. You can expect to get to court and have their attorney postpone at least a couple of times, just to inconvenience you.
My ex boss once told me that "only a fool goes to court without a lawyer".
GOOD LUCK!! But don't get your hopes too high, the court system is rigged against the small guy.

it is small claims court. It depends on the state, but in California you cannot bring along a lawyer to small claims court, it is for regular people. You can talk to one before and after court but not during.

It is best to be well prepared before court. If he has sent them a demand letter for a refund of payment and they refuse after 30-days he can make that request again in court, if the judge agrees he can even impose bad-faith refund of money and slap them with punitive damages up to the limit of small claims if he wants. In Calif that is $7500.00

http://www.courtinfo.ca.gov/selfhelp/sm ... ringlawyer

Slinky · Post by **Slinky** » Tue Apr 24, 2007 1:06 pm

George, I don't know what state you are in, but in Michigan you would have better chance of success in Small Claims Court than suing as you are w/o an attorney.

Did they put that $446 in writing? Do you have a copy?
Was that $446 quote given under the impression you had no insurance and would be a self-pay?

As OceanPearl said, they most likely will postpone this suit to death UNLESS they KNOW they have you beat in a cinch.

I know Apria accepts Medicare. "My" understanding is that no medical professional or facility that accepts Medicare can charge others LESS than they charge Medicare. If I am correct in this understanding it further weakens your suit.

I assume you have notified your credit card company that these Apria billings are in dispute. Keep sending the cc company proof on ongoing action as they occur to protect your credit.

I wish you much luck!!!

fidget · Post by **fidget** » Tue Apr 24, 2007 1:58 pm

George, that bill would be for the first month rental for the machine, the purchase of the humidifier, and the purchase of the mask. There is not a machine that Apria sells that would come to that price as a purchase with peripherals. The 223 you paid was for the copay for that. Sounds like you have a 50% copay. Bummer of an insurance plan. Maybe Apria is out of network for your plan? I have seen insurance companies though that do have a 50% copay for DME, even in network. That's awful. I also have seen insurance companies, that cover initial setup, but won't ever pay for replacement masks or equipment.

Slinky, I've seen you say that before about companies not billing non Medicare companies less than Medicare. That's not true. UHC contracted, as well as BCBS contracted prices are both less than Medicare allowables. That's not important in this case.

George, on that workorder you signed when you got your machine, it has a place that you signed for your credit card assignment, that would cover the copay for the month's rental till purchase. By signing that bottom part you agreed to have your card billed for your copay every month. They'd have to have recieved your card from you to input the numbers, and have you sign for it.

I'm sorry you didn't discuss this with an attorney first. You'd save yourself time and filing fees.

It's you're responsibility as a client to understand things before you put your signature on the page. And you did sign for it. I have no doubt that the charges were explained to you, and even if they weren't, which wouldn't be good, on your reciept, it would say, rental, or sale, and you have to sign it to recieve the equipment.

You need to discuss this with your insurance company. Insurance sets the contracted price, not Apria. Medicare sets the Medicare allowable, not Apria.

As far as not taking your equipment back, they can take the cpap back, especially if it's still renting, but the humidifier and mask are single patient use, they can't resell them, why would they take them back?

Slinky · Post by **Slinky** » Tue Apr 24, 2007 2:33 pm

The CPAP might indeed by a rental, BUT the accessories: mask, hose, etc. are not. So I can understand the first month running $446.

In our area monthly rental is $135 for the machine. The mask, humidifier, etc. in my case cost an extra $578 one time charge (Billable amounts, not allowed or paid amounts). So the total billable amount for the purchases and 13 month capped rental would be almost $2300.

georgev747 · Post by **georgev747** » Tue Apr 24, 2007 3:17 pm

Fidget is right in many respect and so do you too ladies and gentlemen.
Contracts cannot be done in a way that they are so confusing theat none othe than an attorney would sign it. there are special circustances to this issue. they were referred to me by my insurance company, they know how important this equipment it is, they know thatone is not very well th day he or she is going to buy the equipment. I gave them my credit card to purchase, not for me to be charged whenever they wanted to. thay had to forge something in orther for that to happend. concealment, omission it is something that makes misrepresentation and fraud possible. Also it is not about the money, i dont think i have a chance in hell to make money here, not even if i win. have you ever heard of anyone collecting on a tabbaco company, it does not happend, it may take 30 years and then i might be dead or they might have gone bankrupt as many companies do to merge to other companies and avoid paying retirements or lawsuits.
but i want to make sure is that people get to know Apria healthcare for what they are "CROOKS" and by this they will be less likely to screw people like me. I am not worried about a counter lawsuit, if you thing this attorneys scare me a bit you are wrong, we have to stand up to these bullies and spit to them in the eye.
cheerfully
Jorge Rodriguez Velis

georgev747 · Post by **georgev747** » Tue Apr 24, 2007 3:23 pm

Hey Slinky, i see what you say but Cpap.com would seel us the whole thing for $800 or less why go to APRIA health Rippoffs and pay $2300 or $2600
there is a dislocation here my copayment would be $1400 more almost twice than the machine. in retail

DP · Post by DP » Tue Apr 24, 2007 3:36 pm

Medicare sets the price, not Apria. This goes with ANY insurance carrier. It does not matter if it is Medicare, Medicaid, BC/BS, CIGNA, United Healthcare, etc. You have to remember that the cost of the equipment should include all follow-up and setup by either a registered respiratory therapist or sleep technologist. In most states it is the law that one of these perform the actual setup. When you order from CPAP.com there is no follow-up. A good DME company should contact you within 48 hours of you receive your CPAP machine, 2 weeks after that, 1 month after that and then every 3 months thereafter. This is why the cost is what it is. Insurance carriers expect them to follow-up with their patients and make sure they are compliant. If your DME company is not doing this then they are ripping off your insurance carrier and you.

Bamalady · Post by **Bamalady** » Tue Apr 24, 2007 3:42 pm

A good DME company should contact you within 48 hours of you receive your CPAP machine, 2 weeks after that, 1 month after that and then every 3 months thereafter. This is why the cost is what it is.

My DME contacted me a few days ago for the first time (not that I haven't contacted them a few times). I have had my equipment for about 18 months now. And I don't think I am the only one that something like this has happened to.

fidget · Post by **fidget** » Tue Apr 24, 2007 3:49 pm

Andif you choose to carry an insurance that is a 50% that is not Apria's fault either. That's your choice.

Personally, when I'm going to be spending a big bunch on something I get it clear how much my insurance will pay before I do it. I have to have $5000 in dental work next month, and before I ever started I contacted my insurance co myself to see what they'd pay.

Did you read the workorder you signed?

Apria Healthcare Fraud

Apria Healthcare Fraud

to fidget and other

slinky