Potential Effects of the Affordable Care Act on Loss Calculations
This chapter examines how the Affordable Care Act (ACA) might affect the analysis of future care costs. Prior to the ACA, victims’ future health care costs would generally be paid for out-of-pocket since plaintiffs typically had limited access to insurance. Nowadays, plaintiffs can obtain insurance that will cover a significant portion of future medical costs. We describe the basic structure of the ACA, how it has affected health insurance markets, and provide examples of how the ACA might be introduced into economic analyses. In addition, case law regarding the application of the ACA is examined as well as arguments for and against considering the availability of health insurance in medical litigation. Finally, we address details regarding the application of the ACA by the practicing forensic economist.
KeywordsAffordable Care Act Forensic economics Tort awards Lawsuits Health insurance Life care plan
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