The Case:
A Distinct Dilemma: The Effect of the Affordable Care Act on Calculating Future Medical Expenses (Part 2 of 3)
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.
