Jennifer Nelson for www.theindianalawyer.com

Medical payments made by the Healthy Indiana Plan for a woman involved in a car accident to reimburse her medical providers in full satisfaction of hospital bills were properly excluded at trial, the Court of Appeals held Thursday. The trial court correctly ruled that those payments are barred by the collateral source statute and that Stanley v. Walker does not apply.

Mary Patchett caused a car accident in which Ashley Lee suffered severe injuries. Lee was a member of HIP, a health insurance program from the state that pays for medical expenses, and members contribute monthly contributions to their coverage. Lee’s total medical bills were more than $80,000; HIP paid out a little more than $12,000 to the medical providers, and that was considered paid in full.

Lee sued Patchett, and Lee filed a motion to prevent Patchett from referencing the HIP payments. The trial court granted her request, finding Stanley v. Walker, 906 N.E.2d 852 (Ind. 2009), doesn’t apply because the price HIP paid wasn’t negotiated but is a set amount based on Medicaid and Medicare rates. The matter came before the Indiana Court of Appeals on interlocutory appeal.

Indiana Trial Lawyers Association filed an amicus brief, arguing in part, that “[a]llowing the admission of government reimbursement rates will change our tort system into one that necessarily values the suffering and injuries to those served by Medicaid and Medicare – our needy, disabled, and elderly – less than those who can afford private insurance.”

After examining Stanley, the collateral source statute and collateral source rule, the COA affirmed the lower court. Stanley allows for the admission of “discounted amounts” that are based on negotiation.

“Here, because the HIP payments were not calculated based upon market negotiation but instead were set by government regulation, such amounts are not probative of the reasonable value of the medical expenses. Thus, we conclude that the trial court properly excluded the evidence of the HIP payment amounts,” Judge Elaine Brown wrote in Mary K. Patchett v. Ashley N. Lee, 29A04-1501-CT-1.

The Indiana Governor’s Residence has added tour dates during the month of December to showcase the home’s holiday decorations. Tour dates are booking quickly; those interested in attending are encouraged to book their tours at their earliest convenience.

“The Governor and I are thrilled to offer additional tour dates for the Governor’s Residence during the month of December,” said First Lady Karen Pence. “We are excited to announce we have chosen to help kick-off our Indiana Bicentennial Celebration by incorporating our state colors, blue and gold, into the festive decorations.  This season, we encourage all Hoosiers to consider visiting the Residence and hope they will leave inspired to spread holiday spirit to others around our state.”

Tours of the Governor’s Residence, available by advance reservation only, are typically offered on Tuesdays and last about an hour. Hoosiers interested in touring the Residence now may choose from the following dates during December and should complete a tour reservation form available here.

TOTAL OF 23 HOLIDAY TOURS OFFERED:

Wednesday, December 2 at 10 a.m. ET or 11 a.m. ET

Thursday, December 3 at  10 a.m. ET, 11 a.m. ET or 2 p.m. ET

Friday, December 4 at 10 a.m. ET, 11 a.m. ET or 2 p.m. ET

Tuesday, December 8 at 10 a.m. ET or 11 a.m. ET

Thursday, December 10 at 11 a.m. ET or 2 p.m. ET

Friday, December 11 at 10 a.m. ET, 11 a.m. ET or 2 p.m. ET

Wednesday, December 16 at 11 a.m. ET or 2 p.m. ET

Thursday, December 17 at 10 a.m. ET,  11 a.m. ET or 2 p.m. ET

Friday, December 18 at 10 a.m. ET, 11 a.m. ET or  2 p.m. ET

Indianapolis – Governor Mike Pence today penned the following op-ed regarding his decision to suspend the resettlement of Syrian refugees in the state of Indiana.

***

534 words

Both the United States and Indiana have proud traditions of welcoming individuals and families who seek the safety and refuge that all Americans find within our borders. I believe we have a responsibility as the beacon of freedom in the world to welcome those into our communities who seek asylum in the land of opportunity.
In September, President Obama announced plans to increase by 10,000 the number of refugees entering the United States from Syria.  As we consider admitting additional refugees from Syria into Indiana, my highest duty and first responsibility is to ensure the safety and security of the people of our state.

Last month, the Director of the Federal Bureau of Investigation, James Comey, testified before Congress that there were “certain gaps…in the data available to us…” regarding the Syrian refugee program and noted the “risk associated of bringing anybody in…from a conflict zone” like Syria. Jeh Johnson, the Secretary of Homeland Security, echoed a similar concern that the United States would not “know a whole lot about the Syrians that come forth” in the refugee process.

Last week, one of the terrorists who perpetrated the attacks in Paris exploited the European Union’s refugee system to gain entrance to France. In the wake of this terrorist attack and the concerns expressed by our federal security agencies, on Monday I directed all state agencies to suspend the resettlement of Syrian refugees in Indiana until the federal government implements proper security measures. Hoosiers should know that the resettlement process for those seeking asylum in Indiana will continue for all non-Syrian refugees.

Indiana is not alone in making this decision. A bipartisan majority of governors from around the country have made a similar decision. The House of Representatives passed, on a strong bipartisan basis, legislation that would ensure Syrian refugees are properly screened. Hoosiers are rightfully concerned about their safety and security, and I encourage the Senate to move swiftly on this legislation. In the meantime, lawmakers would be wise to follow our own Senator Dan Coats’ proposal and consider additional humanitarian aid that would allow the United States and our international partners to serve displaced persons near their home country.

I am deeply moved by the plight of those seeking to escape threats of violence for a better life in a place like Indiana, as are so many compassionate Hoosiers. Thousands of refugees have escaped some of the darkest places in the world and now call Indiana home.

In recent years, we’ve welcomed Burmese refugees, among numerous others, from places within Africa, Cuba, Iran and Iraq. As a Member of Congress, I cosponsored legislation that would help bring vulnerable asylum-seeking Iraqi refugees to the United States in an expedited fashion and voted in support of a law that would increase the number of Iraqi and Afghan interpreters that supported our Armed Forces in those conflicts.

Indiana and the United States must continue to serve as a safe harbor for refugees from around the world; however, unless and until the federal government addresses the security gaps acknowledged by the FBI and Department of Homeland Security with regard to refugees from Syria, as governor I will continue to put the safety and security of Hoosiers first.