Comment by Kevin M. Cole
This Comment examines the soundness and scope of DePhillips v. Hospital Service District No. 1 of Tangipahoa Parish, an opinion where a deeply divided Louisiana Supreme Court held that the ten-year prescriptive period governs alleged violations of the Balance Billing Act—Louisiana’s statutory framework for regulating surprise medical bills. After tracing the history and purpose of the Act, the Comment explores the underpinnings of the plurality opinion in DePhillips, considers the implications of the opinion for Louisianians, and advocates for legal and legislative changes to the statutory scheme regulating surprise medical bills in the state.
About the Authors
Kevin M. Cole, J.D. candidate 2022, Tulane University Law School. M.B.A. 2017, B.A. 2015, Millsaps College.
Citation
96 Tul. L. Rev. 319 (2021)