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SMALLWOOD v. CENTRAL PENINSULA GEN. HOSP.

No. S-12832.

227 P.3d 457 (2010)

Patricia SMALLWOOD, as Personal Representative of the Estate of John L. Smallwood, Appellant, v. CENTRAL PENINSULA GENERAL HOSPITAL, INC., Appellee.

Supreme Court of Alaska.

April 2, 2010.

Attorney(s) appearing for the Case

Nikole Nelson, Alaska Legal Services Corporation, Anchorage, for Appellant.

Robert J. Molloy and Kristine A. Schmidt, Molloy Schmidt LLC, Kenai, for Appellee.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and CHRISTEN, Justices, and BOLGER, Justice pro tem.

OPINION

BOLGER, Justice pro tem.

I. INTRODUCTION

John L. Smallwood obtained an injunction requiring Central Peninsula General Hospital to discontinue its practice of "balance billing" certain Medicaid patients, and the hospital complied by implementing a new billing system. But when Smallwood did not dispute the hospital's compliance, the superior court erroneously concluded that he had abandoned his balance billing claim. Smallwood appealed...

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