Can the Affordable Care Act Be Used to Mitigate Future Damages?

See below for an interesting article published by Litigation Management Magazine.

By:  Jack Hipp & Caryn L. Lilling for Litigation Management Magazine

The Affordable Care Act (ACA) adopted by Congress in March 2010 and deemed constitutional by the United States Supreme Court, provides that all persons in the United States be provided health insurance regardless of their health or financial situation.  Under the ACA, a medical insurer can no longer deny coverage on the basis of a pre-existing condition. Furthermore, the ACA requires individuals to purchase health insurance or pay a penalty.  The purpose of this “individual mandate” is to reduce the overall number of uninsur-eds.  Thus, where-as in the past, an injured plaintiff would most likely be denied health insurance, now that person can get coverage and has an incentive to get coverage to avoid the penalty.

Mandates and Require-ments. The ACA’s so called “individual mandate” takes effect January 1, 2014, and requires every applicable individual to obtain minimum essential coverage or pay a penalty. The minimum essential coverage required must include ambulatory patient services, emergency room services, hospitalization, maternity and newborn care, mental health and substance abuse, prescription drugs, rehabilitative services and devices, lab services, preventive and wellness services, chronic disease manage-ment and pediatric services…

Click the following link for the full article: http://www.litigationmanagementmagazine.com/litigationmanagementmagazine/winter_2014#pg34

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