Linda Bozeman, Individually and on Behalf of Tommy Bozeman v. State of Louisiana, and the Department of Transportation and Development

Summary

The Supreme Court of Louisiana considered whether a Medicaid recipient could recover medical expenses contractually written off by healthcare providers under the collateral source rule. The court affirmed the lower courts' conclusion that the plaintiff could not recover the write-off amounts because Medicaid providers were required to accept Medicaid payments as payment in full. The opinion also discusses the collateral source rule's evidentiary and damages functions and its relationship to tort deterrence.

Holdings

1. A Medicaid recipient may not recover as tort damages medical expenses contractually written off by healthcare providers pursuant to Medicaid requirements when the recipient provided no consideration for the Medicaid benefits. The recipient's recovery is limited to the amounts actually paid by Medicaid.
2. The benefit-of-the-bargain exception to the limitation on recovery applies when the plaintiff provided consideration for the collateral-source benefits, but it does not apply to Medicaid benefits received without consideration.

Questions Presented

1. Whether a Medicaid recipient may recover, under Louisiana's collateral source rule, medical expenses contractually written off by healthcare providers pursuant to the Medicaid program.
2. Whether a plaintiff who provides no consideration for Medicaid benefits may recover the difference between the providers' billed charges and the amounts actually paid by Medicaid.

Disposition

affirmed