Six years ago, the Minnesota Supreme Court held in Swanson v. Brewster, 784 N.W.2d 264 (Minn. 2010), that negotiated-discount amounts—amounts a plaintiff is billed by a medical provider but does not pay because the plaintiff’s health insurance provider negotiates a discount on the plaintiff’s behalf—are “collateral sources” for purposes of Minnesota’s collateral-source statute, Minn. Stat. § 548.251, and thus subject to offset. But the Swanson Court did not address what happens to negotiated-discount amounts when a subrogation interest is asserted either by the health insurance provider or an injured plaintiff by assignment. As a result, plaintiffs have since sought to sidestep Swanson and recover negotiated-discount amounts by purchasing and asserting their health insurers’ subrogation rights. Read more here.
About Our Firm
When faced with difficult challenges in business, commercial, and insurance-related litigation, clients choose O'Meara, Leer, Wagner & Kohl, P.A. We are listed in Best's Recommended Insurance Attorneys and The Insurance Bar, and are listed in Martindale-Hubbell, Inc., with the highest rating for professional legal ability.
© Copyright - All Rights Reserved. Minnesota Web Design