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Why One New York Health System Stopped Suing Its Patients
Diagnosis: Debt

Why One New York Health System Stopped Suing Its Patients

Rochester Regional Health, a nonprofit health system in upstate New York, is among a handful of hospital systems in the U.S. that explicitly bar all aggressive collections against patients, including lawsuits and credit reporting. (Noam N. Levey/蘑菇影院 Health News)

ROCHESTER, N.Y. 鈥 Jolynn Mungenast spends her days looking for ways to help people pay their hospital bills.

Working out of a warehouse-like building in a scruffy corner of this former industrial town, Mungenast gently walks patients through health insurance options, financial aid, and payment plans. Most want to pay, said Mungenast, a financial counselor at Rochester Regional Health. Very often, they simply can鈥檛.

鈥淭hey鈥檙e scared. They鈥檙e nervous. They鈥檙e upset,鈥 said Mungenast, who on one recent call worked with an older patient to settle a $143 bill. 鈥淭hey do think 鈥業 don鈥檛 want this to affect my credit rating. I don鈥檛 want you to come take my house.鈥欌

At Rochester Regional Health, that won鈥檛 happen. The nonprofit system in upstate New York is one of only a few nationally that bar all aggressive collection activities. Patients who don鈥檛 pay won鈥檛 be taken to court. Their wages won鈥檛 be garnished. They won鈥檛 end up with liens on their homes or be denied care. And unpaid bills won鈥檛 sink their credit scores.

American hospital officials often insist that lawsuits and other aggressive collections, though unsavory, are necessary to protect health systems鈥 finances and deter freeloading.

But at Rochester Regional, ditching these collection tactics hasn鈥檛 hurt the bottom line, said Jennifer Eslinger, chief operating officer. The system has even been able to move staff out of its collections department as it spends less to go after patients who haven鈥檛 paid.

Eslinger said there鈥檚 been another benefit to the change: rebuilding trust with patients.

鈥淲e think and talk a lot and strategize a lot about where is the distrust in health care,鈥 she said. 鈥淲e have to remove that as a barrier to meaningful health care. We have to get the trust with the populations that we serve so that they can get the care that they need.鈥

鈥楩olks Cannot Afford This鈥

Rochester Regional, a large health system serving a wide swath of communities along the south shore of Lake Ontario, is big, with more than $3 billion in annual revenue.

But in a place where once-mighty employers like Kodak and Xerox have withered, finances can be challenging. In 2022, Rochester Regional finished nearly $200 million in the red.

Patients have their own challenges. Unable to afford their bills, many ended up in collections, or even on the receiving end of lawsuits. 鈥淲e would go to court,鈥 acknowledged Lisa Poworoznek, head of financial counseling at Rochester Regional.

Then, before the pandemic, hospital leaders looked more closely at why patients weren鈥檛 paying.

The barriers became clear, Poworoznek said: confusing insurance plans, high deductibles, and inadequate savings. 鈥淭here are so many different situations that patients have,鈥 she said. 鈥淚t鈥檚 really just not as simple as demanding payment and then filing legal action.鈥

Nationally, nearly half of adults are unable to cover a $500 medical bill without going into debt, a found. At the same time, the average annual deductible for a single worker with job-based coverage .

Instead of chasing people who didn鈥檛 pay 鈥 a costly process that often yields meager returns  鈥 Rochester Regional resolved to find ways to get patients to settle bills before collections started.

The health system undertook new efforts to enroll people in health insurance. New York has among the most robust safety-net systems in the country.

Rochester Regional also bolstered its financial assistance program, making it easier for low-income patients to access free or discounted care.

At many hospitals, applying for aid is complicated 鈥 long applications that demand extensive information about patients鈥 income and assets, including cars, retirement accounts, and property, 蘑菇影院 Health News has found. Patients applying for aid at Rochester Regional are asked to disclose only their income.

Finally, the health system looked for ways to get more people on payment plans so they could pay off big bills over a year or two. Importantly, the payment plans are interest-free.

That was a change. Rochester Regional, like some other major health systems across the country such as Atrium Health, used to rely on financing companies that charged interest, which could add thousands of dollars to patients鈥 debts.

鈥淔olks cannot afford this,鈥 Poworoznek said.

Ending 鈥楨xtraordinary Collection Actions鈥

Rochester Regional Health has also stopped reporting people to credit bureaus, a practice many medical providers use that can depress consumers鈥 credit scores, making it harder to rent an apartment, get a car loan, or even get a job.(Noam N. Levey/蘑菇影院 Health News)

Working more closely with patients on their bills allowed Rochester Regional to stop taking them to court.

The health system also stopped reporting people to credit bureaus, a practice many medical providers use that can depress consumers鈥 credit scores, making it harder to rent an apartment, get a car loan, or even get a job.

In 2020, Rochester Regional adopted a written policy barring all aggressive collections by the system or its contracted collection agencies.

That put Rochester Regional in select company. A 2022 蘑菇影院 Health News investigation of billing practices at 528 hospitals around the country found just 19 that explicitly prohibit what are called extraordinary collection actions.

Among them are leading academic medical centers, including UCLA and Stanford University, but also community hospitals such as El Camino Hospital in California鈥檚 Bay Area and St. Anthony Community Hospital outside New York City.

Also barring extraordinary collection actions: the University of Vermont Medical Center; Ochsner Health, a large New Orleans-based nonprofit; and UPMC, a mammoth system based in Pittsburgh. Like Rochester Regional, UPMC officials said they were able to scrap aggressive collections by developing better systems that allow patients to pay off their bills.

Elisabeth Benjamin, a vice president at the Community Service Society of New York, a nonprofit that has led efforts to restrict aggressive hospital collections, said there鈥檚 no reason more hospitals shouldn鈥檛 follow suit, particularly nonprofits that are expected to serve their communities in exchange for their tax-exempt status.

鈥淭he value is to promote health, to care about a population, to promote health equity,鈥 Benjamin said. 鈥淪uing people for medical debt or engaging in extraordinary collection actions is really anathema to all those values,鈥 she said. 鈥淔orget about your ‘cancer-mobile’ or your child vaccination clinic.鈥

Rochester Regional鈥檚 approach doesn鈥檛 eliminate medical debt, which burdens an estimated 100 million people in the U.S. And payment plans like those the system encourages can still mean big sacrifices for some families.

But Benjamin applauded Rochester Regional鈥檚 ban on aggressive collections. 鈥淚 give them big props,鈥 she said. 鈥淚t never should have been allowed.鈥

now prohibit all medical bills from being reported to credit bureaus and restrict other collection tactics, such as wage garnishments.

Many hospital finance officials nevertheless say they need the option to pursue patients who have the means to pay.

鈥淢aybe it鈥檚 on a very specific case where there is an issue with someone just not paying their bill,鈥 said Richard Gundling, a senior vice president at the Healthcare Financial Management Association, a trade group.

But at Rochester Regional鈥檚 finance offices, officials say they almost never find patients who just refuse to pay. More often, the problem is the bills are simply too big.

鈥淧eople just don鈥檛 have $5,000 to pay off that bill,鈥 Poworoznek said.

On her calls with patients, Mungenast tries to reassure the patients on the other end of the line. 鈥淧ut yourself in their shoes,鈥 she said. 鈥淗ow would it be if that was you receiving that?鈥

About This Project

鈥淒iagnosis: Debt鈥 is a reporting partnership between 蘑菇影院 Health News and NPR exploring the scale, impact, and causes of medical debt in America.

The series draws on original polling by 蘑菇影院, court records, federal data on hospital finances, contracts obtained through public records requests, data on international health systems, and a yearlong investigation into the financial assistance and collection policies of more than 500 hospitals across the country.聽

Additional research was聽, which analyzed credit bureau and other demographic data on poverty, race, and health status for 蘑菇影院 Health News to explore where medical debt is concentrated in the U.S. and what factors are associated with high debt levels.

The JPMorgan Chase Institute聽聽from a sampling of Chase credit card holders to look at how customers鈥 balances may be affected by major medical expenses. And the CED Project, a Denver nonprofit, worked with 蘑菇影院 Health News on a survey of its clients to explore links between medical debt and housing instability.聽

蘑菇影院 Health News journalists worked with 蘑菇影院 public opinion researchers to design and analyze the 鈥.鈥 The survey was conducted Feb. 25 through March 20, 2022, online and via telephone, in English and Spanish, among a nationally representative sample of 2,375 U.S. adults, including 1,292 adults with current health care debt and 382 adults who had health care debt in the past five years. The margin of sampling error is plus or minus 3 percentage points for the full sample and 3 percentage points for those with current debt. For results based on subgroups, the margin of sampling error may be higher.

Reporters from 蘑菇影院 Health News and NPR also conducted hundreds of interviews with patients across the country; spoke with physicians, health industry leaders, consumer advocates, debt lawyers, and researchers; and reviewed scores of studies and surveys about medical debt.