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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19207
Experience:  Employment/Labor Law Litigation
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My mom was in pain on a Sunday morning, she needed a

Customer Question

My mom was in pain on a Sunday morning, she needed a chiropractor. Her regular one was on vacation so I drove her to a Chiropractic franchise. She was prepared and agreed to pay for the visit in cash. She signed a waiver that she would not personally bill Medicare.They refused treatment because she is Medicare eligible. She was sent away in severe pain and was crying. It broke my heart. Is this age discrimination?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

No, that is not age discrimination. Age discrimination is making a decision specifically based on a person being over the age of 40. Age discrimination then would be a complete refusal to see anyone over the age of 50, for example. Choosing to see some people over 50 but not others clearly indicates that the motivation then is not age, but some other factor.

When you are talking about treatment, billing and other such financial determinations, those are not based on age even though some of the components concerning the billing form are connected to age. The concern here is Medicare billing and the issues that that can create for medical facilities. While it certainly is not fair, it's not a matter of age discrimination but a matter of billing risk preference. Presently, at least, medical care professionals still maintain the discretion on which providers they accept.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.