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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

July/August 2012     MCLE Test and Answer Sheet

Test No. 216: Collateral Evidence

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*  

1. Evidence of collateral source payments is never admissible.
 True.
 False.

2. Under Howell, evidence of the reasonable value of past medical expenses is admissible:
 A. Always.
 B. Never.
 C. If the reasonable value is lower than the contract rate.
 D. None of the above.

3. A plaintiff incurs no legally cognizable detriment and therefore no cognizable damages under California law when:
 A. The contract states the provider cannot seek any payment from the plaintiff over the contract rate.
 B. The provider opts to write off the difference between the contract rate and the full price.
 C. The provider receives noncash benefits from the insurer or managed care plan.
 D. None of the above.

4. The collateral source rule does not permit a tortfeasor to benefit from a plaintiff's prudence and thrift in investing in insurance.
 True.
 False.

5. Under Howell, evidence of the provider's contract rate is automatically admissible.
 True.
 False.

6. Under Howell, evidence of the provider's contract rate is admissible as to:
 A. General damages.
 B. Future medical expenses.
 C. None of the above.
 D. All of the above.

7. There are currently two exceptions to the collateral source rule.
 True.
 False.

8. Hanif carved an exception to the collateral source rule for Medi-Cal patients.
 True.
 False.

9. The Consumer Attorneys of California sponsored legislation to overturn Howell.
 True.
 False.

10. The difference between the provider's full rate and the negotiated contract rate has never exceeded 50 percent.
 True.
 False.

11. Howell approved of the posttrial Hanif motion as the method of reducing a verdict for past medical expenses that exceeded the provider's contract rate.
 True.
 False.

12. If a jury awards past medical expenses that are greater than the provider's contract rate the defendant may:
 A. Move to strike the excessive award.
 B. Move to reduce the excess award.
 C. Move for a new trial on the grounds of excessive damages.
 D. All of the above.

13. Under Howell, a plaintiff is only entitled to recover amounts paid under the contract, not amounts still owed.
 True.
 False.

14. Howell reasoned that the healthcare provider and the healthcare insurer are the two parties with the most sophistication in determining the reasonable costs of medical services.
 True.
 False.

15. State Senator David Stein proposed legislation to counter the effects of Howell.
 True.
 False.

16. Howell held that evidence of the provider's full rates would give the jury a more complete picture of the plaintiff's injuries.
 True.
 False.

17. Public policy disfavors a tortfeasor's avoidance of paying full compensation for a plaintiff's injuries.
 True.
 False.

18. The Howell court found that the discounted medical rate is not a benefit provided to the plaintiff in compensation for his or her injuries and therefore does not come within the collateral source rule.
 True.
 False.

19. According to one source, in California the difference between the provider's billed rate and the contract rate exceeds $3 billion annually.
 True.
 False.

20. Appellate review of a jury award of past medical expenses requires the jury to apportion a specific sum for past medical expenses.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

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