Former Patient Sues Senator Roger Marshall Over 18% Medical Debt Interest

Q: Did a Kansas medical practice unlawfully add 18% interest to patient debt—and how many former patients could now have claims?

It is not yet established that the 18% interest was unlawful, but the new class-action suit makes a plausible claim that it may have violated Kansas law unless Heartland OBGYN had a valid contract allowing that higher rate. The legal issue is narrow but important. Kansas generally caps court-awarded interest at 15%, and the lawsuit argues Heartland OBGYN and Roger Marshall’s former practice routinely sought 18% on unpaid patient bills without lawful authority. The complaint says that rate was excessive and labels the practice “egregious conduct.” Whether it was illegal will depend largely on what patient agreements said and whether those agreements legally authorized 18% interest. As for how many former patients may have claims, the likely pool could be substantial. Reporting found Marshall and his practice sued more than 700 patients over unpaid bills between 1998 and 2019, and multiple accounts say they “routinely” charged 18% annual interest. The class action seeks to cover similarly affected patients, so the potential class could include many of those sued patients and possibly others who were charged the rate even without being sued. What is clear already is that at least one former patient has formally challenged the practice in court, and the lawsuit could open the door for many more former patients to seek refunds or damages if a judge finds the 18% charges were not backed by enforceable contracts or otherwise exceeded Kansas limits.

3 articles · Updated · The New York Times · Oct 30

A former patient filed a class-action suit in Kansas state court accusing Senator Roger Marshall and his former practice, Heartland OBGYN, of charging illegally high interest on unpaid medical bills.
The case centers on an 18% rate the practice often sought from patients, above Kansas’s typical 15% cap unless a prior contract explicitly allowed more.
Marshall, an obstetrician-gynecologist for 25 years before entering the Senate, previously sued more than 700 patients over unpaid bills; at least 81 were arrested after missing court dates, according to a Times investigation.
The lawsuit lands as the first-term Kansas Republican faces an unexpectedly tight re-election race, with recent polls showing him roughly even with Democratic challenger Adam Hamilton.