LOUISIANA SUPREME COURT DECIDES THAT THE HEALTH CARE AND CONSUMER BILLING AND DISCLOSURE PROTECTION ACT PROVIDES A PRIVATE RIGHT OF ACTION FOR PATIENTS AGAINST HEALTH CARE PROVIDERS

The Supreme Court recently considered whether a plaintiff has a private right of action for damages against a health care provider under the Health Care and Consumer Billing and Disclosure Protection Act. Anderson v. Ochsner Health Sys., 2013-2970 (La. 7/1/14) -- So.3d--. The trial court had commented that the text of the Act neither explicitly grants nor prohibits a private right of action. However, based on the trial court's review of the language of the statute, judicial opinions interpreting the statute, and the purpose of the Act, it held that the legislature intended to create a private cause of action. The Louisiana Supreme Court affirmed the trial court's decision, citing to the legislature's failure to expressly prohibit an individual remedy in the Act, the legislative intent to protect consumers, and the constitutional right of access to the courts.