Boone County ex rel. Butcher v. Blue Cross Hospital Service, Inc., of Missouri

PRITCHARD, Chief Judge.

The dispute is whether Boone County Hospital (BCH) is entitled to charge nonresidents of Boone County, Missouri, who are members of appellant Blue Cross, a “surcharge” or “pre-admission charge” of $5.20 per day in view of a provision in the agreement between BCH and Blue Cross, paragraph 3, that “Hospital agrees not to charge or collect from any Blue Cross participant any amount whatsoever for any hospital care included in certificates offered by Blue Cross except such payments, if any, as provided in the membership certificates. Hospital may charge directly to patients…