Monday, January 16, 2023
108 Iowa L. Rev. 929 (2023)

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Abstract

While the collateral source rule has deep roots in state, common law jurisprudence—certain states have declined to uphold it. This is the case in Iowa, where the state partially abrogated the collateral source rule in medical malpractice cases. Under Iowa Code Section 147.136, if a patient is injured by a negligent health care provider and their insurance covers their medical expenses, that patient cannot personally recover those medical expenses if they are covered by a private insurer but can recover if they are covered by Medicaid. In 2016, Iowa adopted the managed care organization model—privatizing the state’s Medicaid program. Iowa Code Section 147.136 accounts for private insurers and Medicaid but fails to account for managed care organizations. This Note argues that the law should be amended to include managed care organizations.