Diagnosis for 2.15.23: Checking the pulse of Florida health care news and policy
Christine Jordan Sexton – February 15, 2023
—The new enemy: LOP: Move over AOB — there’s a new thorny issue with an acronym business interests want tackled: LOP. A letter of protection (LOP) is a letter sent to a medical professional by a plaintiff’s attorney representing the patient. LOPs guarantee the provider payment for medical treatment from a future lawsuit settlement or verdict award. Therefore, if the patient is insured, providers don’t bill the insurers, Medicare or Medicaid. Florida Justice Reform Institute President William Large said letters of protection enable plaintiff attorneys to inflate the value of past medical bills and, moreover, allow plaintiffs to “get around” the setoff rule. Large hypothesizes the use of LOPs artificially inflates the costs of settlements by 400%.
