Future Medical Damages Under the Affordable Care Act

Frank Brier, health law partner at Myers Brier & Kelly, LLP, recently delivered a continuing legal education analysis on the Affordable Care Act and its application to future medical damages/life care plans in personal injury litigation. “The ‘guaranteed issue’ and ‘individual mandate’ provisions of the Affordable Care Act, taken together, may significantly alter the landscape of future medical care damages evidence at trial” said Brier. “It is no longer the case that an injured party can be denied health benefits insurance due to unemployment or a preexisting injury/condition. The purchase of a simple health benefits insurance plan may cover most future health care needs.” The focus of the presentation was the tension between the admissibility into evidence of Affordable Care Act insurance coverage and the common law collateral source rule.

Frank has been honored by his peers as a Pennsylvania Super Lawyer multiple times since 2005. He has authored articles and lectured regularly at local, state and national meetings regarding litigation and health law topics.