Banner Health v. Medical Savings Insurance

¶ 29 I respectfully dissent in part and concur in part. I believe the superior court and the majority err by holding that Banner’s respective chargemaster rates on file with DHS (“the filed rates”) were incorporated into the Condition of Admission forms (“COAs”) that did not explicitly refer to those rates. Additionally, while I agree that the filed rates were properly incorporated into those COAs that referred to the filed rates, I believe that the majority and the superior court err by declining to address whether those rates are unconscionable contract terms. I would reverse the court’s…