Injured Plaintiff Cannot Recover Medicaid "Write-Off"

In Bozeman v. State, DOTD, released today, the Louisiana Supreme Court holds that a personal-injury plaintiff whose medical bills are paid by Medicaid cannot recover the Medicaid "write-off" amount as part of the award for medical expenses. The Court distinguished Medicaid write-offs from Medicare or private-insurance write-offs, because Medicaid is free. "Medicaid recipients are unable to collect the Medicaid “writeoff” amounts as damages because no consideration is provided for the benefit. Thus, plaintiff’s recovery is limited to what was paid by Medicaid. However, in those instances, where plaintiff’s patrimony has been diminished in some way in order to obtain the collateral source benefits, then plaintiff is entitled to the benefit of the bargain, and may recover the full value of his medical services, including the “writeoff” amount."

Posted by RPW at July 2, 2004 03:35 PM