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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 332 September Term, 2011

DAVID SCULL, et al. v. DOCTORS GROOVER, CHRISTIE & MERRITT, P.C.

Zarnoch, Berger, Thieme, Raymond G., Jr. (Retired, Specially Assigned), JJ.

Opinion by Berger, J.

Filed: June 7, 2012

This case arises from an Order of the Circuit for Montgomery County granting appellee Doctors Groover Christie & Merritt, P.C.'s ( "GCM") motion to dismiss. Appellant David Scull ("Scull") filed a two count amended complaint against GCM. Thereafter, GCM filed a motion to dismiss the amended complaint. The Circuit Court for Montgomery County granted the motion to dismiss and ordered Scull's complaint dismissed with prejudice. Scull filed a timely appeal and presents four issues for our review, which we have rephrased as follows: 1. Whether the trial court erred in ruling that the Maryland HMO Act precludes a private cause of action against a health care provider. Whether the trial court erred in ruling that GCM, a medical provider, was exempt from the Maryland Consumer Protection Act. Whether the trial court erred in ruling that GCM's billing practices did not constitute an unfair and/or deceptive business practice under the Consumer Protection Act. Whether the trial court erred in ruling that GCM was not unjustly enriched by Scull's payment of a bill after GCM refunded the money to Scull after it discovered the payment was made in error.

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For the reasons set forth below, we affirm the judgment of the Circuit Court for Montgomery County.

FACTS AND PROCEDURAL BACKGROUND Scull is an enrollee in the United Healthcare Select HMO1 offered by the Montgomery County Government. In May 2008, Scull was referred to GCM by an orthopedic specialist for x-rays on his knee. That day, an employee of GCM completed the required x-rays. After the x-ray procedure concluded, Scull believed his interactions with GCM had ceased. Scull understood that his insurance policy with United Healthcare ("UHC") fully covered payment for the x-ray procedure. Approximately one year later, in May 2009, Scull received an invoice from GCM.2 The invoice reflected that the x-rays taken on Scull's knee cost $242.00. The amount due was reduced to $121.00 because of an "adjustment" and payment received by GCM from Scull's insurance provider. The invoice provided that Scull was to pay the remaining $121.00 because GCM was "unable to collect from [his] insurance because, [his] insurance states [he has] other primary coverage." The invoice also instructed

1

HMO is the common abbreviation for health maintenance organization. HMOs are: any person, including a profit or nonprofit corporation organized under the laws of any state or country, that . . . provides or otherwise makes available to its members health care services that include at least physician, hospitalization, laboratory, X-ray, emergency, and preventive services, out-of-area coverage, and any other health care services that the [Insurance] Commissioner determines to be available generally on an insured or prepaid basis in the area serviced by the health maintenance organization ....

Md. Code (1982, 2009 Repl. Vol.)

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