Medical Expenses

News & Analysis as of

Year-End Gift Opportunities

As 2015 comes to a close, we remind you to consider making gifts to minimize your potential tax liability and to maximize your use of available exemptions in order to reduce your ultimate estate tax liability. As you may...more

A Plaintiff without Medical Insurance Can Still Establish the Reasonable Value of Medical Services Rendered—- the Medical Bills...

Woodland Hills personal injury lawyer Barry P. Goldberg is frequently challenged to establish the reasonable value of his client’s medical bills even though they are not paid by health insurance. The “challenge” is...more

Florida Supreme Court on Evidence of Collateral Source Benefits

Ruling Makes It More Difficult for Defendants to Deal with Claims for Future Medical Expenses at Trial - It is not uncommon for a defendant in a product liability case at trial to be faced with an inflated and...more

ELL SCOTUS Series # 4 – Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan

In the fourth installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Montanile addresses issues near and dear to every employer’s heart – ERISA plans and the...more

Value Paid by the Medical Lien Holder Alone Will Not Establish the Reasonable Value Medical Expenses

In Uspenskaya v. Meline (filed October 28, 2015), the California Court of Appeal for the Third District held that evidence of payments made by a medical lien holder offered to prove the reasonable value of medical services...more

Philly Court Applies Michigan Law to Dismiss Risperdal Cases

Delve into the crime stories of Elmore Leonard, whether in the form of the books, movies, or television shows, and you are likely to spend considerable time in Michigan and Florida. True, Justified was set in Kentucky. But...more

Workers’ Compensation and the Burden of Proof

When filing a workers’ compensation claim in Illinois, the injured worker is required to prove that he or she is eligible for benefits. Although this can be extremely burdensome for individuals who are already suffering from...more

Tax Deductions and Credits for People with Disabilities and Their Families

If you or your spouse have a disability, or if you care for a dependent with a disability, you may be able to qualify for one or more tax credits and deductions. Here is a description of some of the more common ones...more

When Are Work Injuries Sufficient to Qualify for Workers’ Compensation?

In Illinois, there is some uncertainty for the future of workers’ compensation claims due to efforts by the new governor to toughen requirements for workers to prove they are eligible for benefits. The state legislature is...more

Bad News from Europe for Makers of Life-Saving Medical Devices

In over eight years, we’ve never before blogged about a European development in prescription medical product liability. The (relatively) recent decision by the Court of Justice of the European Union (“CJEU”) in Boston...more

Re-Examining the Admissibility of Unpaid Medical Bills as Evidence

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015), the California Court of Appeal, Fourth District, held unpaid medical bills, joined with expert testimony regarding their reasonableness, were properly admitted and...more

Torts – Effect of Howell Decision on C.C.P. § 998 Offers

Lena Lee, et al. v. Joseph M. Silveira, et al. - Court Of Appeal, Fifth District (May 15, 2015) - A personal injury plaintiff is entitled to recover expert witness fees and pre-judgment interest if the...more

Seeing the Finish Line: Courts Increasingly Exempt Claims-Made Policies from the Notice Prejudice Rule

In a majority of jurisdictions, the “notice-prejudice rule” provides that an insurer may not deny a claim on grounds of late notice without demonstrating prejudice. The rule is statutory in some states and judicially crafted...more

Timing of termination creates question of fact in association discrimination case

In employment law, including association discrimination cases, timing is everything. When Terry Booker was fired from his job of 22 years at Delfasco, a manufacturing facility in Greene County, Tennessee, in March 2012,...more

New York – Emergency Medical Services and Surprise

The Emergency Medical Services and Surprise Bills Law (the "New Law"), which goes into effect March 31, 2015, increases protection of New York consumers from "surprise bills" received for medical services performed by certain...more

"Surprise Medical Bills" Law

Consider the following scenario. You are a patient who had a colonoscopy performed by a physician who participates in your health insurance plan. A week later, you receive two “surprise” medical bills from an anesthesiologist...more

2014 – June, 30 2015 Relief from Employer Excise Tax for Small Employer & S Corporation Payment or Reimbursement of Individual...

Beginning in 2014, a violation of certain healthcare reform rules, such as offering a health plan with annual dollar limits or not providing full preventive care with no employee cost, requires employers to pay an excise tax...more

"The Estate Planner" – March/April 2015

In this issue: - Second Trip Down The Aisle? – Update Your Estate Plan To Reflect Your Second Marriage - 21st Century Estate Planning For Digital Assets - Planning For Aging Parents – 5 Tips For The...more

Maine Workers' Compensation Alert: CMS Guidelines Amended to Accept WCB Settlement Determination of MSA Amount After Hearing on...

The Center for Medicare and Medicaid Services (CMS) update to its Workers' Compensation Medicare Set-Aside (WCMSA) Arrangement Reference Guide provides authority by which CMS will now recognize and defer to a Workers'...more

Avoiding Sticker Shock: A Look Into What Are Considered “Reasonable and Customary” Charges Under 28 CCR §1300.71(a)(3)(B)

In the case Children’s Hospital Central Cal. v. Blue Cross of Cal. (Cal. Ct. App. 2014) ___Cal.App.4th ___ (No. F065603), The Children’s Hospital Central California (“Hospital”) and Blue Cross of California (“Blue Cross”)...more

Changing Financial Landscape for Medical Debts of the Uninsured

The implementation of the ACA has afforded many with the opportunity to obtain insurance coverage. Despite the opportunity, a large number of individuals have either chosen not to enroll in a health plan or have been unable...more

Supplemental Special Advisory Bulletin Clarifies OIG Positions on Independent Charity Patient Assistance Programs

Introduction - The OIG has released a Supplemental Special Advisory Bulletin that “reiterates and amplifies” previous OIG Special Advisory Bulletin guidance from 2005. Pharmaceutical manufacturers and Patient...more

CFPB Releases Report on Medical Debt and Consumer Credit Scores

The CFPB’s Office of Research released a report showing findings that medical debt that goes into collections and shows up on credit reports may result in over-penalization with regard to consumer credit scores. The study...more

CFPB issues report on how medical debt impacts credit scores

According to a report issued yesterday by the CFPB entitled “Data point: Medical debt and credit scores,” credit scoring models may be overly penalizing consumers with medical debts that go into collection by producing credit...more

Cost Caps on Medical Procedures Approved

Federal officials recently approved “reference pricing,” a new cost-control mechanism that allows insurers to put a dollar limit on the amount that health plans pay for some expensive medical procedures, such as knee and hip...more

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