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Does collateral source rule apply to bills paid by Medicaid?(Medical Law Case on Point)

Publication: Medical Law's Regan Report
Publication Date: 01-JAN-06
Format: Online
Delivery: Immediate Online Access

Article Excerpt
CASE ON POINT: Esposito v. O'Hair, 2004-186-Appeal (R.I. 12/19/2005) A.2d -RI

ISSUE: Many years ago, state legislatures throughout the United States passed remedial legislation, which was intended to keep the costs of medical malpractice liability from escalating even more than they had....

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...In doing so many state legislatures enacted laws prohibiting recovery for disability insurance benefits for which claimants had already recovered or been reimbursed by their or other insurer. The issue that arose in this interesting Rhode Island case was whether an individual whose medical bills had been paid by Medicaid was subjected to the set off of the amounts paid by Medicaid. That, in turn, depended on whether or not the Medicaid payments to those providing medical care to Medicaid recipients...

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