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Upcoming Tort Reform Legislation

Tort Reform La. R.S. 9:2800.25

The 2020 Legislative Session begins March 9 in Baton Rouge, Louisiana and tort reform is back at the top of the agenda as the hot button issue.  Currently, House Bill 9 has been introduced as part of the overall tort reform package.

WE HAVE GRAVE CONCERNS about a new law, La. R.S. 9:2800.25,  as it currently reads.  This would be new law and it needs to be tweaked. Presently hospitals and clinics can first try to obtain full payment for services rendered through a third party collections carrier before accepting Medicare / Medicaid payments. The new law would prevent you from doing so.  If passed as introduced,, the hospital must charge Medicaid / Medicare and cannot bill the negligible party’s insurance.  We believe this is financially crippling to our health care clients as well as violative of federal law which MANDATES that healthcare providers must first seek payments from the 3rd Party at fault defendants.  We are asking you to contact your local legislators in the House and Senate and vote to remove the Medicare collection language from this and any other like legislation.  We will do our best to keep you informed as to when this matter comes up for a vote.  If you would like to testify before a legislative committee on the disastrous effects this bill would cause, let us know. 

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