ACA Could Be Used to Cut Future Damages Down to Size
In passing the Patient Protection and Affordable Care Act, Congress may have unintentionally passed significant federal tort reform legislation. As the application of several of the key parts of the ACA have become clearer, tort defendants have begun to argue, and some courts have recognized, that the ACA may provide a basis to substantially limit future damages. By providing for mandatory insurance coverage, including requirements for many “essential health benefits” and setting annual cost limits that an insured may pay for such coverage, the ACA could redefine not only the prospect of future coverage, but the calculation of what such coverage may cost to a plaintiff claiming future medical damages.
Click here to read the article written by Michael Halaiko, Leianne McEvoy and Glenn Gordon.
