SMALLWOOD v. CENTRAL PENINSULA GENERAL

Nos. S-11585, S-11406.

151 P.3d 319 (2006)

John L. SMALLWOOD, Appellant/Cross-Appellee, v. CENTRAL PENINSULA GENERAL HOSPITAL, Appellee/Cross-Appellant.

Supreme Court of Alaska.

November 17, 2006.


Attorney(s) appearing for the Case

Nikole Nelson, Alaska Legal Services Corporation, Anchorage, for Appellant/Cross-Appellee.

Robert J. Molloy, Kenai, and Kristine A. Schmidt, Kenai, for Appellee/Cross-Appellant.

Before: BRYNER, Chief Justice, MATTHEWS, EASTAUGH, FABE, and CARPENETI, Justices.


OPINION

EASTAUGH, Justice.

I. INTRODUCTION

The main question here is whether John L. Smallwood, a Medicaid recipient treated at Central Peninsula General Hospital, can sue the hospital to enforce Medicaid billing standards, particularly the "balance billing" prohibition that prevents billing for amounts (apart from authorized copayments) exceeding those reimbursable under Medicaid. We conclude that Smallwood is a third-party beneficiary...

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