Discovering the Rates Attorney Referred Medical Providers Charge
In Texas, the rise of personal injury plaintiffs’ firms negotiating rates and issuing letters of protection to medical providers, potentially driven by the state’s high uninsured population, underscores the increasing importance for defense attorneys to unveil these agreements and ascertain the actual payment rates. The blog explores the background, highlighting court rulings in 2018 and 2021 that deemed the discoverability of negotiated rates crucial in both medical lien and personal injury cases. Emphasizing the role of negotiated rates in determining limits on damages, the piece delves into the principle of reasonable and proper compensation without being excessive, safeguarding defendants from unreasonable losses. Navigating the challenges of discovering rates from non-party medical providers, the discussion addresses relevancy, emphasizing the reasonableness standard, and the importance of narrowly tailored requests to survive challenges related to proportionality and undue burden. In conclusion, the Texas Supreme Court acknowledges the growing necessity for defendants to uncover negotiated medical rates, recognizing their centrality in a defendant’s defense by assessing the reasonableness and payment status of demanded rates in personal injury cases.
