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Constitutionality of lien against good Samaritan questioned

MELISSA MONTOYA
MMONTOYA@NEWS-PRESS.COM
Danielle Hagmann is recovering from a tragic crash Sunday that caused her legs to be amputated.

Three days after Danielle Hagmann arrived at Lee Memorial  Hospital with her legs severed from an automobile accident, the hospital filed a  $63,684.95 financial claim against her.

The good Samaritan lost her legs when she stopped to help a fellow motorist whose vehicle spun out during a rain storm April 23. The 30-year-old was reaching for a blanket when a third vehicle hit the stopped car, pinning Hagmann against a guardrail.

On April 26, the hospital filed the necessary paperwork with the Lee County Clerk of Court. For three days of care, Hagmann, who does not have health insurance, owed more than $63,000. On May 3, they filed an updated lien. For the five days she spent in the hospital, she faces a hospital claim of lien of $151,478.80.

While the lien surprised Hagmann's family, the hospital said this is normal practice and not unusual. But, it's also a practice that has raised questions of constitutionality that is being argued at the appellate court level.

Steven Berkowitz, Hagmann's dad, said the paperwork by the Lee Memorial Health System worried him. He said he hopes it doesn't mess with Hagmann's recovery. He said her care has been second to none, but the business practice of filing something so quickly is questionable.

"I didn't realize in the first three days of her crisis, they would do it," Berkowitz sad. "It's not fair. That's heinous."

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A document provided by Lee Memorial Health System explains the lien "applies only to money which may be paid by an insurance company." The lien does not affect any of the patient's property.

"It's not unusual for people to think it's a lien on their home, but it's not," said Mary Briggs, Lee Memorial Health System spokeswoman. "Anyone who came in because of a car accident, we would do this."

The longstanding practice has been occurring for about 30 years at Lee Memorial Hospital and in Florida hospitals, Briggs said.

The legislation in 1978 codified the lien provision, Briggs said. Under the law, the hospital must file its lien within 10 days of a patient's discharge, Briggs said.

However, the practice in Lee County has been found unconstitutional at trial court level, and it's waiting to be heard in the Second District Court of Appeals, said Valerie Dondero.

Dondero is an attorney in one of three cases the court of appeals is looking at to decide. Her oral argument was in October, she said. A decision isn't likely until the third case is heard.

"It's in the appellate court now," Briggs said. "I don't think we know the timing of the decision."

"Sometimes we win, sometimes we lose," Briggs added.

She said the hospital believes the practice is constitutional, but the lawsuits come from auto insurance companies that "are not crazy about it."

In a scenario where there is no insurance payout, Briggs said the hospital offers financial assistance. The hospital wrote off almost $55 million in charity care during the latest fiscal year, she said.

"I want to be clear that this is about auto insurance companies paying what is owed to the hospital and is not about the patient," Briggs said. "We have a very generous financial assistance program to help low income patients or those who are not insured."

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Lyndsay Johns, left, and her wife Danielle Hagmann are thankful for the support they have received from the community since Danielle lost her legs in an accident after stopping to help another motorist who had crashed her car early Sunday morning.

Scot Goldberg, a Fort Myers personal injury attorney, said while the lien does not apply to the patient's property it would affect any money that becomes available through insurance claims.

It mostly pits attorneys and the hospital against each other.

"The reason they do that is they are money hungry," Goldberg said. "It’s a very difficult task in dealing with their lien rights when it comes to looking out for what's in the best interest of your client."

Going after any money paid by insurance is a more lucrative way of getting their bills paid, Goldberg said.

"It's not a fun thing to know that they are worried about your bill already while you are trying to recover," Goldberg said. " Whether that acts as a detriment to the recovery or not, I'm not in the position to say.

"It's been my experience as a person who has been injured that a good attitude and a stress-free environment helps someone recover."

Hagmann's father Berkowitz is worried that her first year of care will cost at least a million dollars. The community is helping, but he's worried about what the future will hold for her.

"It breaks your heart; this is my kid," said Berkovitz, his voice shaking. "This is my kid and she's only 30 years old."

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