Strategies, Challenges, and Answers

“Billed vs. Paid” Controversy Across The Country

In December, 2011, the Nevada Law Blogs addressed the question of whether the Nevada Supreme Court would limit Plaintiffs to presenting evidence of the amount that their medical providers accepted in full payment, rather than allowing Plaintiffs to present evidence of the much higher unadjusted bill.  See HERE.The Nevada Supreme Court decision still has not come down.  Even so, discussions from other states regarding this topic have taken off.  For example, on Linked In, attorneys from the … [Read more...]

Will The Howell Doctrine Come To Nevada?

In an earlier post HERE we reported that in Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court faced the question of what was the appropriate amount of an injured plaintiff’s recovery.  Should plaintiff recover the amount billed for the medical treatment?  Or should the Plaintiff recover the reduced amount that the health care insurance company had paid to satisfy the doctor’s bill?  In Howell, the California Supreme Court found that an injured plaintiff could recover … [Read more...]

Responding To The Anticipated Fallout Of The Haygood And Howell Decisions

No one is surprised when people who are hurt in accidents go to the doctor’s office for care.  In the past, many went to doctors who provided them care through their group health insurance programs.  These group healthcare providers usually have pre-negotiated reimbursement agreements with the group health insurance carriers.  Those insurance carriers pay the providers a sum certain for each service provided.  The pre-negotiated reimbursement agreements normally prevent the doctors from charging … [Read more...]