Negotiated Rate Differential Meets Collateral Source Rule

Law360, New York (June 10, 2011, 12:17 PM EDT) -- Marked changes in California’s medical insurance and health care delivery systems have given rise to a conflict in appellate opinions regarding the proper measure of tort damages, or more specifically, past medical expenses, and the application of the collateral source rule. The Supreme Court will soon address that conflict.

What cannot be ignored is that health insurance is no longer a two-way street between the insurer and the insured. Nowadays the relationship has become triangulated in that the insured and the provider each have a contract...
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