By: Admin On: June 29, 2016 In: News, tortreform Comments: 0

Legal Examiner, June 29, 2016

Yesterday, Governor Jay Nixon vetoed two attempts to violate, injure, and infringe upon Missourian’s right to jury trial.

SB 847 would give a negligent defendant a discount on paying damages based on insurance or benefits purchased or obtained by the injured victim.  This bill would have taken the insurance paid for by the victim and given those benefits to the defendant.

When an injured victim receives medical treatment, she is seen by the doctor and is then invoiced for the full value of her medical care (the provider’s customary charges).  If the victim has purchased and paid for medical insurance, her insurer has negotiated a special, discounted rate for her medical care (as a benefit of having purchased insurance) and the doctor’s customary charge is “written down” to the negotiated rate between the doctor and the health care insurance company. (Think about the difference in out-of-pocket costs for treatment by an “in-network” provider versus an “out-of-network” provider.  The insurance company has negotiated special rates with the in-network provider as a benefit from your premium dollar.)

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