December 18, 2014
9:00 am – 10:00 am PST
The Impact of The Affordable Care Act on Personal Injury Litigation. A Plan to Defend Against Claims for Future Medical Costs, Loss of Health Insurance, and Life Care Plans
- Darrell J. Whiteley
- Jennifer R. LoydMatthew Strauss
- Moderator: Esther P. Holm.
Darrell Whiteley, Jennifer Loyd and Matthew Strauss will discuss the impact of the Affordable Care Act on personal injury litigation, and a plan to defend against claims for future medical costs, loss of health insurance, and life care plans. They will discuss the implications of the Affordable Care Act (presently in the second period of open enrollment) to the defense of economic damage claims for future medical expenses. We will take you through the specific costs and coverage levels in place under the ACA for 2015 in several sample states; we will demonstrate how to reduce plaintiff’s economic damage claim by demonstrating the availability and the mandates of the Affordable Care Act. We will cover the costs of premiums and out-of-pocket limits under the ACA, and contrast them with the Plaintiff’s “list price” medical services. You will learn about the necessary affirmative defenses, discovery demands and the deposition inquiries needed to qualify the Plaintiff for ACA eligibility. We will also focus on the experts required to present these issues at trial, and the anticipated motion practice. In addition, we will discuss how to overcome the categorization of Affordable Care Act coverage as a collateral source, and present the argument that expert testimony and documentary support of required ACA health insurance should be allowed as direct evidence at trial.
According to the Sponsor website:
- Attorney CLE Credit: Florida, Illinois, Texas, New York, California
- Many states offer reciprocal credit for courses accredited in Texas and Florida; however, reciprocity varies by state.