Valley Credit Service, Inc. v. Mair

The issue in this appeal is whether defendant may raise as a defense in an action to collect a hospital bill the hospital’s responsibility to comply with requirements of 42 USC § 291 et seq (1970), commonly known as the Hill-Burton Act. The Act requires hospitals receiving federal funds to provide "a reasonable volume of services to persons unable to pay therefor.” 42 USC § 291c(e)(2) (1970); 42 CFR § 53.111(1976). Defendant alleged she is unable to pay for the services and raised the hospital’s failure to comply as an affirmative defense. Plaintiff’s 1 demurrer to that defense was sustained.

F…