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


Roy Exum: Our Insult To Israel

I am deeply saddened that over two dozen members of Congress – all Democrats – will be boycotting a speech by Benjamin Netanyahu, the Prime Minister of Israel, when he speaks in Washington tonight. I am also offended that the President of the United States will not receive Netanyahu prior to the speech – a customary gesture on such occasions – because he claims it is too close to ... (click for more)

Remembering Dr. Jack Willke - And Response

When I first became active as a Right-to-Life leader in 1975, Dr. Jack Willke (and his wife, Barbara) were the preeminent leaders at the National level.  Rarely did you see one without the other. They literally wrote the book used by Pro-Life activists everywhere, The Handbook on Abortion . I carried it everywhere and studied it over and over. Their books sold ... (click for more)

2 Hit While Walking On Birmingham Highway; 1 Dies At The Hospital

Two pedestrians were struck by a single vehicle on Highway 11 (Birmingham Highway) in Lookout Valley on Tuesday night. One of those who was struck died after being taken to a local hospital. Police said the other person who was hit was responsive. The incident happened shortly after 7 p.m. at 261 Birmingham Hwy. which is in the area of the Lookout Valley Cracker ... (click for more)

Henry Hopes To Bring E-Filing To Clerk's Office This Year; Saving Almost $222,000 On Personnel

Circuit Court Clerk Larry Henry said he hopes to bring E-Filing of documents and other court papers to the clerk’s office this year.   He said at first it appeared it might take much longer, but that progress is being made to the online program. Mr. Henry told members of the Pachyderm Club that attorneys, litigants and members of the public would be able to go online to ... (click for more)

Double Overtime Thriller: Central Boys Going To State

For all the folks who came to Chattanooga State Tuesday night for the Class AA sectional battle between Livingston Academy and Region 3-AA champ Central, they got their money's worth and more. And they even got some free basketball to boot. Needing a couple of overtimes, the Purple Pounders will be heading to Murfreesboro and MTSU's Murphy Center next week for the TSSAA State ... (click for more)

Blackman Blazes A Trail To State By Bashing Bradley, 55-35

(Story will be updated) MUFREESBORO, Tenn. – The Class AAA state champions are still alive and well. Blackman raced past outmanned Bradley Central, 55-35, Tuesday night in a Class AAA sectional victory that blazed a path right to the boys state tournament at nearby Middle Tennessee State University starting on March 11. The Blaze (24-5) will be making their fourth ... (click for more)