In a previous post, we discussed emerging issues relating to the calculation of future medical expenses under the Affordable Care Act - specifically, how the ACA could alter the common law collateral source rule and completely change how future medical damages are calculated. Building on that post, under the ACA (in its current form) it no longer makes practical or theoretical sense to continue the current method of calculating future medical damages and excluding evidence of insurance coverage by invoking the collateral source rule. Indeed, by "guaranteeing" universal health insurance the ACA waters down plaintiffs' core argument for excluding insurance in future medical cost calculations and it undercuts a major purpose of the collateral source rule.
The Court of Appeals of Texas, Houston recently held that a defendant is entitled to discovery of the insurance contracts between the insurer and the plaintiff's healthcare provider to aid in determining whether the providers are required to accept payments of less than the amounts billed.
Does an insurance carrier comply with the Tex. Prop. Code Ann. §§ 55.001-007 when it issues a check in settlement of a personal injury claim to the claimant and the hospital jointly? A recent case out of Corpus Christi answers this question.