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The latest on workers’ comp physician dispensing in Louisiana

The good folks in Louisiana are rejoicing over a recent court decision in a case involving LUBA Workers’ Comp; here’s the interpretation from Jeffrey Napolitano of Juge Napolitano Guilbreau Ruli & Frieman PLC, a legal firm in Metairie, LA…

the court found “a wholesale pharmacy distributor, who contracts with physicians to provide pharmaceuticals to the physicians on a consignment basis for dispensing to their workers compensation patients, has no right of action to bring suit against the employer/insurer for payment for pharmaceuticals. [emphasis added] The court held that only the employee or healthcare provider has a right to brig suit for payment for providing medical services to an injured workers under the workers compensation act.”

While the Pelican State may have a reputation as a bit of a hellhole for workers comp payers, this latest shows that there’s always good to be found – if you have a good enough case and a smart enough attorney.

Kudos to LUBA for fighting the good fight.

Unfortunately, we can expect physicians to start billing for themselves, or figuring out some equally creative way to suck more money out of employers and taxpayers.

What does this mean for you?

The briefest of respites…


Joe Paduda is the principal of Health Strategy Associates



A national consulting firm specializing in managed care for workers’ compensation, group health and auto, and health care cost containment. We serve insurers, employers and health care providers.



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