The public is largely only now beginning to notice the impact of the Patient Protection and Affordable Care Act. One impact to keep an eye on is whether “Obamacare” will turn out to be the first real assault on the well-respected collateral source rule.
Many states, including Texas, have passed measures to limit an injured person’s potential recovery. Designed to prevent windfalls to plaintiffs, Texas’ Civil Practice & Remedies Code §41.0105 provides for the recovery of medical or healthcare expenses incurred only to that amount that is “actually paid or incurred.”
