Tuesday, June 6, 2017

Obamacare Is All up in the Specials

Cuevas v. Contra Costa Cnty., No. A143440 (D1d1 Apr. 27, 2017)

We’ve discussed before how the facial amounts of medical bills aren’t good evidence of an insured plaintiff’s damages because insurers never pay the facial amounts of the bills. Same goes for doctors’ rack rates in computing future bills. Damages have to be computed based on what is reasonably likely to actually be paid. This case holds that, in figuring the impact of insurance on these costs, a jury can consider benefits obtainable under the Affordable Care Act. That’s the case even though the long-term legislative future of that law is not entirely certain, poor CBO score of its erstwhile replacement notwithstanding.

Reversed.

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