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Date ArticleType
7/5/2017 INCAL
NCAL: Tort Bill Clarification for AL Members

On Wednesday, June 28, the House passed the Protecting Access to Care Act of 2017 (H.R. 1215), which would reform health care liability laws. NCAL's Government Relations team has indicated this bill has very little likelihood of passing the Senate, but we still want to address potential confusion.

NCAL's external legal counsel, Reed Smith, has conducted a review to confirm that this tort bill only applies for AL where the resident bringing the suit is a Medicaid beneficiary. This interpretation stems from how the bill defines what is a healthcare lawsuit, which requires the goods or service being litigated be covered or subsidized by a Federal program (i.e., Medicare, Medicaid, VA, or one of the exchange plans). Hypothetically under this bill, if a private pay resident in an AL community brought a tort claim against the AL for healthcare services, the claim would probably not be subject to the new provisions. It's an important distinction that whether this bill would apply depends on the insurance status of the resident bringing the claim, not whether the AL community has any Medicaid beneficiaries or is an approved Medicaid provider. NCAL will have a notice to members in its next Connections publication. If you do not receive the monthly NCAL Connections newsletter, click here to register. This publication is free for members.