Document Type

Working Paper

Date of This Version



Affordable Care Act, forensic economics, tort awards, lawsuits, health insurance

JEL Classification

I13, I18, K41


This paper identifies a major issue with windfall payments under either possible interpretation of the ACA as it currently stands. Several alternatives are proposed that would eliminate the windfalls. We advocate the establishment of a tort award funded “Federal Stabilization Fund” to improve the economic efficiency of future health care awards in the age of the Affordable Care Act

Working Paper Number




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