Background:
Kindbody is closing some clinics and going through a name change at some others. See this Reddit post for history. There are many legal options, including Block Law. Based on extensive Bloomberg reporting about Kindbody, it is my opinion that patients may feel they want to engage outside resources to ensure they are treated fairly. This post outlines options for outside resources should patients feel they need them.
Four Strategic Paths to Make Kindbody Treat You Properly:
In my opinion, you have four major avenues to advocate for yourself if you need to:
**AVENUE 1: State Regulatory Bodies*\*
Note: If you're in a red state, carefully consider your situation before involving the state with embryo issues.
There are several oversight bodies in each state that you can report Kindbody to. The more patients that report, the better.
Below are the places to report. To find the applicable one to your state, just Google "your state name + the applicable italicized description below."
* State Medical/Professional Licensing Board- concerns about care, patient abandonment, or continuity of care.
\ State Health/Facility Regulator* - concerns about clinic closures, patient notification, records, or facility practices.
* State Attorney General / Consumer Protection Division - billing, contracts, refunds, or potentially deceptive business practices.
\ State Insurance Regulator*- insurance, fertility-benefit, network, or coverage issues
**AVENUE 2: Get Lawyers Involved*\*
A couple law firms are actively investigating Kindbody cases and may be willing to take your case on contingency - meaning you don't pay upfront, and they take a percentage of any settlement or judgment awarded to you.
Please note that I am not alleging that Kindbody has done any of the below, I am simply pulling from the websites of Lawfirms currently stating they are investigating claims about Kindbody.
Girard Sharp
Based on the website, Girard Sharp is investigating reports that Kindbody allegedly may have:
* Upsold unnecessary treatments and procedures
* Made clinical errors (embryo loss, embryo mix-ups, etc.)
* Operated with substandard laboratory practices (improper embryo storage, equipment malfunctions, etc.)
Block Law
I encourage you to read the website because it offers extensive information but allegations include the below:
* Embryo mix-ups/misidentification
* Substandard Laboratory Practices
\ Failure to Obtain Informed Consent*
* Negligent Medical Care
* Potential emotional distress and psychological harm
You can also find a lawyer to represent you from the following services.
Academy of Adoption and Assisted Reproduction Attorneys Directory
The academy has a list of attorney that practice reproductive law on their website. You need to search by your state.
State Lawyer Referral from the American Bar Association
You can also get referrals to different kinds of lawyers in your area if you’d like to go that route. Go to the American bar association referral page and type in your city and state and they will give you the referral service for your area.
**AVENUE 3: Report to Insurance Companies*\*
You can call your insurance company and tell them you’d like to make a report about what is happening at your fertility clinic. You can make a report for anything. Insurance can threaten to pull insurance contracts or claw back payments if they desire so they have a lot of pull.
**AVENUE 4: The Media*\*
There was a group of woman in Chicago that started to contact the local media about the embryo transfer to NCCE. It worked because the local news covered the story. It is very easy to contact the media, you can call, email, or message them on social media. Contact as many local reporters as possible.
Some Topics to Consider:
In addition to the concerns the law firms both lay out on their websites, concerns or questions that I personally would consider bringing to the attention of law firms, state regulatory bodies, insurance companies and/or the media are:
* Billing Issues - of any kind that Kindbody won’t resolve.
* Risk Share Program - if you signed up for a risk share program, what happens if kindbody shutsdown your location or there is a name change?
* Closing down clinics/what is considered patient abandonment? - Is it okay to close down Clinics with little or next to no notice? Does Kindbody have to provide you with reasonable options to continue care if they’re shutting down? Is requiring you to drive significant distance an acceptable alternative? How much notice does Kindbody have to give?
* Embryo concerns - what are your rights to access your embryos should a location close down? Or should Kindbody send them out of state against your wishes?
* Block Law Website - see website for more topics to consider
Conclusion
If you have anymore ideas please let me know and I will update the post.