I was privileged to be asked to be a panelist at a seminar in San Francisco, presented on February 21, 2014 by the Association of Defense Counsel of Northern California and Nevada on a very hot topic affecting litigation practice as well as Medicare Secondary Payer Reimbursement: Proving the Value of Present and Future Medical Bills under Howell and, Corenbaum (and now the very new case, Dodd v. Cruz, previously reported here): How to Establish “Negotiated Rate Differentials” in Medicare, Kaiser and other Lien Cases. I was joined by my frequent collaborator, David Rosenbaum, Esq., as well as Tami Rockholt, R.N., of Rockholt & Associates.
This three-hour presentation was very well attended and received. The focus of the seminar was on the influence of the Howell, Corenbaum, State Farm and Dodd cases with regard to what medical expenses trial judges should be allowing into evidence as “reasonable’ billing charges. There was special emphasis on the Kaiser Consolidated Statements, Medicare and Medi-Cal payments, and the recent significant increase in plaintiffs being referred by counsel – even when they have insurance – to providers who agree to take matters on a lien basis in what most agree is a rather obvious attempt to avoid the Howell limitations. Topics of discussion included how to establish “Usual, Customary and Reasonable” charges, the limitations imposed on capitated plans under Civil Code Section 3040, and extensive discussion of strategies to arm defense practitioners with ideas and tools to limit the amounts plaintiffs can present to juries.
Should you have questions or comments about the material in the presentation, please do not hesitate to contact me directly.