Louisiana Supreme Court rules workers comp Claimant is not entitled to recover meds paid by Medicaid/nor meds written off by Medicaid!

Specifically the Louisiana Supreme Court reasoned:

 

“Medicaid is a free medical service, and no consideration is given by a patient to obtain Medicaid benefits. As a result, claimant would receive an improper windfall if he was allowed to recover for medical expenses which have been reduced by health care providers as a result of their contractual arrangements with Medicaid. Such double recovery of damages is not permitted under Louisiana law. See Gagnard v. Baldridge, 612 So.2d 732, 736 (La.1993) (“Double recovery would be in the nature of exemplary or punitive damages which are not allowable under Louisiana law unless expressly provided for by statute”). Accordingly, the portion of the OWC's judgment permitting claimant to recover the written off amount of $422,043.59 is erroneous and must be reversed.”

Keep in mind Medicare and Medicaid are DIFFERENT entities!  

The citation of the opinion is JERRY WAYNE BENOIT v. TURNER INDUSTRIES GROUP, L.L.C., --- So.3d ---- (2012) 2011-1130 (La. 1/24/12) . For a copy, please contact me at perkins@perkinsfirm.com.