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Not only will the injured party be penalized so as to

under current law, providers can as-

sert a lien against prospective damages
to make up the difference between
beneit the wrongdoer, so will Tennessee health-care
what the insured patient paid and what
the bill would have been without insur-

ance. With the new law, if the provider
knows a lawsuit is likely, then the pro-
providers. Both will see money that would have been
vider will realize it will have to absorb
any cost not demanded upfront from

the patient. Not only will the injured
party be penalized so as to benefit the
rightfully theirs going instead to the guilty party.
wrongdoer, so will Tennessee health-
care providers. Both will see money

that would have been rightfully theirs
going instead to the guilty party.

WHO STANDS TO BENEFIT?

Writing for the Journal of the Ten-
nessee Bar Association, Nashville

attorney Jacqueline Dixon says, “The also supporting Tracy’s congressional capped “non-economic” awards to
Tennessee Bar Association opposes campaign and along with Lieuten- plaintiffs, meaning those injured are

abolition of the Collateral Source Rule ant governor Ron Ramsey sponsored viewed primarily in terms of their
and is consistently, firmly and clearly a fund raiser for Tracy in Knoxville salary to determine damages. This law

committed to supporting the rule.”
earlier this year.
severely limits a jury’s ability to com-
Nevertheless, two Nashville lawmak- pensate for loss of quality of life—i.e.,

ers seem eager to pass SB1184. The TBA (NOT) THE SAME AS THE OLD LAWS
anything other than hospital expenses
says the bill’s sponsor, State Senator Jim Tragically, the proposed change to and missed work.

Tracy, wants it first on the Senate Judi- the Collateral Source Rule is only the Taken as a whole, these laws have
ciary Committee calendar in 2014. Tracy latest salvo in the ongoing war against a common strategy: they are meant to

is himself an insurance agent and in the average Tennessean being waged increase insurance company profits
need of funds for his campaign against by insurance companies and other while reducing Tennesseans’ constitu-

the scandal-plagued Scott DesJarlais
special interests using the Republican tionally guaranteed right to a trial by
in Tennessee’s Fourth Congressional supermajority in Nashville as its shock jury. The Tennessee state constitution,

District. As of June, Tracy had raised troops. Their gutting of workers’ com- as well as the united States constitution,
$750,000 for his campaign, the largest pensation is already a done deal. As of enumerate this right as “inviolate,” but

amount coming from the finance, insur- July 1, 2014, the law removes impartial the general Assembly is steadily carving
ance, and real estate sectors.
courts completely from workers’ com- it to pieces. In the case of the 2011 law,

Already in his third term as Knox pensation and puts it instead under an for example, Fox says that, “Jurors don’t
County’s 14th District Representative, “autonomous unit” within the gover- even know that the change automati-

Ryan Haynes is sponsoring HB978
nor’s administration, meaning work- cally reduces the award they’ve given to
in the Tennessee State House. First ers’ comp will be overseen by political the plaintiff. They leave court thinking

elected at the youthful age of 23, appointees. Fox estimates that injured they’ve done something to force a guilty
Haynes, too, receives the largest share workers will have their payments party to pay a victim who has, for ex-

of his donations from the finance, reduced by an average of 60 percent as ample, lost both legs. But while they’re
insurance, and real estate sectors. He is
a result of this legislation.
driving home, the judge is setting aside

In 2011, governor Haslam signed their judgment and replacing it with
the “Tennessee Civil Justice Act” that
that of the state legislature.”

Tennessee is a conservative state,
but these new laws are not conserva-

118 cityviewmag.com january february 2014