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The Louisiana Supreme Court has ruled that, under Louisiana’s Health Care and Consumer Billing and Disclosure Protection Act, La. R.S. 22:1871, et seq., (the “Balance Billing Act”), an insured had both an implied and an express private right of action against a health care provider that allegedly sought to collect from the insured the full amount of undiscounted charges from any tort recovery the insured might obtain rather than the discounted amount payable by the insured’s health insurance carrier.

The Case

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