Senator Marshall Faces Class Action Over 18% Interest on Medical Debt

Roger Marshall filed a class-action lawsuit against him and his former medical practice on Oct. 29 in the District Court of Barton County, Kansas. The complaint accuses Marshall and Heartland Regional OBGYN of routinely charging 18% annual interest on unpaid medical bills, above the 15% cap set by Kansas law. The suit calls the practice "callous and predatory" conduct. ## C-section bill of $3,596 puts mother at center of case Lead plaintiff Meischa Zimmerman says Marshall's practice sued her in 2009 for $3,596 owed over her daughter's delivery by cesarean section, then loaded the debt with 18% interest. The complaint says she sues on behalf of all patients charged more than 15% annual interest, a class it estimates in at least the hundreds. ## Counts allege usury and breach of trust The filing asserts the following causes of action: common-law usury, violation of K.S.A. 16-207, unjust enrichment from keeping interest above statutory limits, breach of the implied covenant of good faith and fair dealing, and breach of fiduciary duty to patients. It says the practice enforced the excessive rate without disclosing that it exceeded state caps. ## Times reports 700 patients sued, 81 arrested The New York Times reported in September that Marshall's practice sued about 700 former patients, including new and expectant mothers, over 25 years as an obstetrician-gynecologist, seeking sums from $101 to thousands of dollars. Court records show 81 people with unpaid bills were arrested after missing court dates, with wages and bank accounts garnished. ## Star review finds no Kansas peer charged that much The Kansas City Star reviewed thousands of court documents covering roughly 150 medical practices across the state and found no other provider charging 18%, or any specified rate above 12%. Analysts called 18% extraordinarily high, with one retired physician noting it matched credit-card rates. ## Marshall denies setting the rate, blames collections Marshall, in an Oct. 8 interview, denied setting the interest rate, saying that once accounts went to collections "it was out of my hands" and that only a small number of patients ever went to collections. His former attorney insisted the 15% contract cap did not apply to the 18% charges. The senator has pointed to decades on call and large amounts of free care. ## Lawsuit lands in middle of toss-up Senate race

No class certified yet; plaintiffs seek jury trial