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Full-Text Articles in Social and Behavioral Sciences

Economic Windfalls And The Affordable Care Act: A Policy Proposal, Joshua Congdon-Hohman, Victor Matheson Jul 2016

Economic Windfalls And The Affordable Care Act: A Policy Proposal, Joshua Congdon-Hohman, Victor Matheson

Economics Department Working Papers

This paper identifies a major issue with windfall payments under either possible interpretation of the ACA as it currently stands. Several alternatives are proposed that would eliminate the windfalls. We advocate the establishment of a tort award funded “Federal Stabilization Fund” to improve the economic efficiency of future health care awards in the age of the Affordable Care Act


Potential Effects Of The Affordable Care Act On Loss Calculations, Joshua Congdon-Hohman, Victor Matheson Sep 2015

Potential Effects Of The Affordable Care Act On Loss Calculations, Joshua Congdon-Hohman, Victor Matheson

Economics Department Working Papers

This paper examines how the Affordable Care Act might affect the analysis of future care costs in medical malpractice, product or accident liability, or workplace injury cases. Prior to the ACA, it was reasonable to presume that a great deal of a victim’s future health care costs would be paid for out-of-pocket as there was little guarantee that the plaintiff would have access to affordable insurance. Since January 2014, however, a plaintiff can obtain insurance that will cover a significant portion of any future medical costs. This paper examines the basic structure of the ACA, how it has affected health …


Life-Care Awards In The Age Of The Affordable Care Act, Joshua Congdon-Hohman, Victor Matheson Sep 2014

Life-Care Awards In The Age Of The Affordable Care Act, Joshua Congdon-Hohman, Victor Matheson

Economics Department Working Papers

Prior to January 1, 2014, it would have been reasonable to assume that persons injured in an act of negligence would be forced to pay for their future medical care costs out-of-pocket rather than being able to rely on health insurance. The passage of the Affordable Care Act (ACA) has the potential to radically change how victims pay for future medical expenses, and now nearly every tort award that provides money to the plaintiff for the full payment of medical costs without consideration of the availability of health insurance will serve to overcompensate victims for their expected medical costs. New …


Potential Effects Of The Affordable Care Act On The Award Of Life Care Expenses, Joshua Congdon-Hohman, Victor Matheson Sep 2012

Potential Effects Of The Affordable Care Act On The Award Of Life Care Expenses, Joshua Congdon-Hohman, Victor Matheson

Economics Department Working Papers

Plaintiffs in personal injury lawsuits are entitled to compensation for future medical expenses. We argue that the “guaranteed issue” and “individual mandate” requirements of the recently passed Affordable Care Act (ACA) will allow victims to address their health needs through the purchase of a simple health insurance plan rather than direct compensation for an itemized list of health care needs. As such, damage awards for health expenditures should be capped at a maximum of $5,950 per year. Furthermore, the role of a life care planner should evolve into determining which life care expenses are covered under covered by the minimum …