Just don't call the ACA "Obamacare" with counsel or clients.
The Affordable Care Act can help workers' compensation professionals close claims.
Now that injured workers can buy private health insurance regardless of pre-existing conditions, parties can calculate case value according to the cost to fund health insurance premiums. Uncertain about the cost of future premiums? You're an old hand at this -- the cost of future medical care is an issue you’ve always dealt with in settlements. Consider likely future use changes and inflation. Use all the resources you have and negotiate.
The big objection to closing out future medical is uncertainty about the future. Expanded Medicaid, available in 27 states and the District of Columbia, provides a safety net. Expanded Medicaid (Medi-Cal in California) does away with resource rules. Individuals aged 19 to 64 who have modified adjusted gross income less than 138% of the federal poverty level can access public health benefits, no matter how much money they just received to settle their claim. Expanded Medi-Cal enrollees cannot be Medicare beneficiaries, pregnant or incarcerated, and they must meet their state’s citizenship requirements. For some types of injuries in California, this may include undocumented workers. Read more.
Although the term "Obamacare" is a nickname for the Affordable Care Act, many people think those are two separate things, and politics gets in the way of clear thinking. When discussing settlement with counsel and clients, talk about using "The Affordable Care Act" to avoid the emotions the term "Obamacare" triggers.
Make sure you mediate with someone who understands all the options for replacing medical benefits in our new healthcare environment.