The Impact of the Affordable Care Act on the Colorado Collateral Source Rule

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Charles R. Mendez

The collateral source rule is a long-standing tenet of tort law, though it has been scrutinized by some for more than half a century. Recently, critics have claimed that with the advent of The Patient Protection and Affordable Care Act (ACA) the policy justifications behind the rule have lastly gone extinct. This short essay responds specifically to that new wave of criticism. The policy justifications remain firmly intact. In fact, the ACA, which is likely to be repealed in any event, does very little to contribute to the collateral source rule debate. The same arguments have been made in the past, yet they have not resulted in abrogation of the collateral source rule in Colorado.

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