More Deform Hurting You - And Response (2)

Monday, February 11, 2013

Well, just saw another bill was submitted in Nashville that would take benefits responsible victims secured for themselves and give them to drunk drivers.  It has been masked as the "phantom damages" bill.   

So when the drunk driver takes you out at an intersection, the legislature wants to take away any deductions and benefits you get through your own health coverages that you paid for yourself and give that to the drunk driver.  Bravo.  

This will also hurt BCBS subrogation recoveries.

Jay Kennamer

McMahan Law Firm 

* * * 

If the Phantom Damages Elimination Act proposed by a Tennessee legislator were to become law, recovery of damages for personal injury would be limited. In order to form an opinion whether the bill should be passed or defeated, one must know the limitation sought to be imposed. 

The bill limits only one item of recovery for personal injury, namely, medical expenses. Tennessee law provides that an injured person may recover for past and future medical expenses shown by expert testimony to have been incurred or which are expected to be incurred by reason of the injury. 

If an injured party has health insurance (for example, with BCBS or Medicare), doctors, hospitals and other health care providers probably have agreed in advance to accept less than the actual amount of their medical bills. If so, the injured party pays part of the bills (for example, co-pays and deductibles), and the health insurer pays part of the bills. The remainder of the bills is "written off" or forgiven. 

The health care providers may not recover and the injured party is not liable for the amount of the medical bills which has been forgiven. Under current Tennessee law, however, the injured party, nonetheless, may seek recovery of all of the medical bills. At a trial, the jury would hear testimony about all of the medical bills and would not be told about the fact that part of the bills had been written off and was not owed by the injured party. If the jury awarded the injured party money for the amount of the bills which had been forgiven, the party could keep the money and could not be required to share it with the health care providers. 

The bill seeks to change Tennessee law to provide that the injured party cannot recover the amount of medical bills which was written off. The party could still recover out-of-pocket payments and payments by the health insurer. The bill does not contain any limitation upon recovery of future medical expenses. 

The right of recovery by health insurers would not be affected in any manner. In fact, the bill states specifically that subrogation rights are not altered. 

Don Strickland 

* * *  

However well intended the legislation is, it penalizes the wrong party.  The wrongdoer should be held responsible for all the harm he or she causes.  A party injured by the tortious act (whether intentional or negligence) of another is entitled to recover the reasonable value of necessary medical services.  Presumably, the legislature is seeking to define "reasonable" as what an insurer pays to reimburse a medical provider for services rendered.  In essence, then, the law would punish the victim (and reward the wrongdoer) by precluding the victim from recovering from the wrongdoer for all the harm that he caused, because, the legislature has determined, the original amount of the medical expenses is unreasonable.   

If the legislature believes that the cost of medical care is too expensive and that the lesser amount negotiated by insurers constitutes what is reasonable for the services rendered, then it should regulate the medical industry directly, not through restricting the rights of injured parties. 

Trevor Atchley


Passing On The History Of Atrocities To Eliminate Them

I have seen and read a lot about the world in my 68 years. Out of curiosity, yesterday, I read an obituary of a local person who had served in WWII, and participated in the freeing of prisoners at a German concentration camp that I had never heard of before. My curiosity was peeked to find out how many concentration camps the Germans operated during the War, so I googled and found ... (click for more)

Thanks To The East Ridge Police For Cleaning Up

I want to thank the East Ridge Police Department for cleaning up my neighborhood. In just the past week there have been three arrests made on my street alone for drugs. Please keep up the good work. There is still a need. I'd hate to see anyone left behind.   You wouldn't believe how the traffic and activity has slowed down. Thank you, and Merry Christmas.  ... (click for more)

Investor Group Plans $31 Million Hotel In Chattanooga Bank Building

An investor group announced that it is planning the development of an upscale 150-room hotel in the historic Chattanooga Bank Building. MCA is comprised of 20 EB-5 investors as limited partners with Red Leaf Development, managed by David Roos, as the general partner. Long-time partner PHG is involved in the development of the hotel and will be responsible for its management ... (click for more)

Police Say Texts From Slain Minister Detailed Drug Deals

An investigator testified Thursday that a minister who was beaten to death during an apparent drug deal had texts on his phone dealing with similar exchanges of illegal drugs. The minister's wife said he had gone out that night as part of a church counseling program to women. General Sessions Court Judge Clarence Shattuck bound charges of felony murder and especially aggravated ... (click for more)

Lewis Leads Silverdale Girls Past Boyd-Buchanan

Thursday   was a day of celebration for the Silverdale Lady Seahawks and junior sharp-shooter Megan Lewis. It took an overtime period, but the home-standing Lady Seahawks pulled out a heart-stopping 45-44 victory over the Lady Bucs in a battle for first place in District 5-A.  Lewis scored the game winner with two seconds to play after scoring her 1,000th point on ... (click for more)

Twins Name Doug Mientkiewicz Manager Of 2015 Lookouts

The Minnesota Twins have announced the 2015 coaching staff for the Chattanooga Lookouts. Former Minnesota Twin Doug Mientkiewicz will manage the team alongside hitting coach Chad Allen and pitching coach Stu Cliburn. An article in  The Chattanoogan  on November 20 revealed that  Mientkiewicz was being considered for the position of Chattanooga manager. ... (click for more)