News & Analysis as of

Medical Expenses

Supreme Court Decides Coventry Health Care of Missouri, Inc. v. Nevils

by Faegre Baker Daniels on

On April 18, 2017, the Supreme Court of the United States decided Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149, holding that: 1) under the FEHBA (specifically, 5 U.S.C. § 8902(m)(1)), the provisions of a...more

Recovery of Medical Bills: Once Is Enough

by Faegre Baker Daniels on

Strange as it sounds, Missouri state law allowed federal workers to recover medical bills twice: once under their federal health insurance plan and again from the person (or person’s insurer) responsible for their injuries. ...more

IRS Issues a Memorandum on Substantiation Guidelines for Safe-Harbor Hardship Withdrawals from 401(k) Plans

by Sherman & Howard L.L.C. on

On February 23, 2017, the Internal Revenue Service (“IRS”) issued a Memorandum to IRS agents. The Memorandum identified the steps agents should take, in examining a 401(k) plan, to confirm that a hardship withdrawal is...more

Things to Remember at Tax Time

Tax day, which is April 18th in 2017, is approaching and it is time to begin crossing T's and dotting I's in preparation for paying taxes. As tax time draws near, you want to make sure you file all the proper forms and take...more

Florida's SIU Tool Belt Is a Bit Lighter Today

Florida has been plagued with insurance fraud for decades.  All insurance coverages are susceptible to fraud, but scams are especially prevalent in the context of automobile accidents.  Staged crashes, patient brokering,...more

Duggan’s new D-Insurance plans will be great for the auto accident lawyers, but terrible for everyone else

by Michigan Auto Law on

Does Mayor Duggan want to ‘repeal and replace’ Michigan’s auto No Fault law? Does Detroit Mayor Mike Duggan want to scrap Michigan’s auto No Fault law? Last night, during his State of the City address, the mayor...more

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

by Carlton Fields on

In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more

Illinois Supreme Court Holds Occupational Disease Pension Does Not Trigger Health Insurance Benefits

by Sedgwick LLP on

In 2003, the Illinois Supreme Court held that anyone who qualified for a line-of-duty pension under section 4-110 of the Illinois Pension Code qualified as having a “catastrophic injury” within the meaning of Section 10(a) of...more

Reconstructive surgery required to future medical expenses

by Hogan Lovells on

Over the recent years, a lot has been said about the ever-increasing quantum of medical malpractice claims in South Africa in both the public and private sphere. In the public sector alone, the Gauteng Department of Health...more

Is There a Doctor in the House?

by Gerald Nowotny on

Healthcare Options Following the Small Business Healthcare Relief Act and the Eventual Repeal of Obamacare - Overview - The presidential inauguration has come and gone. The House and Senate are already clearing the...more

How Damages Are Calculated in Accident Cases

by Howard Ankin on

Calculating damages in injury accidents is complex, involving considerations such as disfigurement, the loss of quality of life, ongoing medical costs, losses of earning capacity, pain and suffering, increased risks of future...more

Dedmon: The Destiny of “Reasonable” Medical Expenses in Tennessee

by Butler Snow LLP on

Currently pending before the Tennessee Supreme Court is a case that could change the face of personal-injury litigation in the state. Accepted for review on October 24, 2016, Dedmon v. Steelman asks whether the amount billed...more

Some Tax Law Changes That Take Effect in 2017

by Charles (Chuck) Rubin on

No new tax legislation has come forth yet, but per tax laws passed in prior years, some changes in the law will occur in 2017. Chief among them...more

The Ghost of Systems Past: “Big Data” Suits Loom, But Old Data Issues Remain Unresolved

by Carlton Fields on

2017 could be big for litigation over “Big Data” applications in insurance. This past year saw the filing of several “price optimization” class actions, and claims against a fraud detection tool, similar to the ones used by...more

Year End Tax Planning 2016

Proper year-end planning can help alleviate any unnecessary tax burden. While little happened in the way of tax legislation in 2016, there are certain tax breaks from which you may benefit and certain strategies that can be...more

Maritime Collateral Source Rule Clarified By Fifth Circuit

by Baker Donelson on

In an eminently reasonable, but apparently (surprisingly) res nova decision, the United States Fifth Circuit Court of Appeal has clarified that the maritime collateral source rule does not allow for recovery of medical...more

How Concerned Should Insurers be About Punitive Damages in California?

by Robins Kaplan LLP on

The California Court of Appeal recently published another opinion about the Nickerson v. Stonebridge Life Insurance case. The court held to its maximum 10:1 punitive-to-compensatory-damages ratio and analyzed whether this...more

Fifth Circuit Limits Effect of Collateral Source Rule Under General Maritime Law

by Liskow & Lewis on

In DePerrodil v. Bozovic Marine, Inc., No. 16-30009, 2016 WL 6810728, at *1 (5th Cir. Nov. 17, 2016), a panel of the United States Court of Appeals for the Fifth Circuit recently limited the effect of the collateral source...more

Does the Maritime Collateral-Source Rule Allow Recovery of Amount Billed or Paid?

by King, Krebs & Jurgens, PLLC on

The Fifth Circuit issued an opinion on November 17, 2016, in Robert Deperrodil v. Bozovic Marine, Inc., (No. 16-30009). In a case involving the injury to a passenger aboard a crew boat in high seas, the District Court was...more

Indiana Supreme Court Extends the Stanley Doctrine to State-Sponsored Medical Reimbursements

by Reminger Co., LPA on

On October 21, 2016, the Indiana Supreme Court weighed-in on a closely watched case that drew much attention from the defense and plaintiff’s bar alike. Approximately one (1) year ago, I reported that the Indiana Court of...more

Moore v. Mercer – What Defendants in Personal Injury Cases Need to Know

by Selman Breitman LLP on

Although the amount a medical finance company pays for a lien might be relevant evidence of the value of services provided to an injured plaintiff, courts have discretion to exclude such evidence if it is minimally probative...more

Medical Litigation Newsletter - October 2016

by Hinshaw & Culbertson LLP on

When a Defensible Claim Goes Sour: Defending Spoliation of Evidence Claims - Let us assume you have a credible defense to the negligence allegations as to the care and treatment provided by a doctor, hospital, medical...more

“Well” Look What We Have Here: EEOC Regulations on Wellness Programs (Part II)

by Shipman & Goodwin LLP on

Continuing his posts on wellness programs, my colleague Marc Herman fills us in on what’s the latest. I return today with the second part of a two-part post on wellness programs....more

Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases

by Wilson Elser on

Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit a plaintiff’s claim for future medical damages. Plaintiffs often use exaggerated life care plans...more

Illinois Appellate Court Determines Medical Expense “Write-offs” Do Not Qualify for Set-off

by Williams Venker & Sanders on

Harold Miller v. Sarah Bush Lincoln Health Center, et al., 2016 IL App (4th) 150728. Adding to the ever-changing debate regarding how medical expenses “written off” by health care providers are treated by Illinois...more

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