Yana Anderson v. Ochsner Health System and Ochsner Clinic Foundation

LI respectfully dissent from the majority’s holding that the legislature intended, albeit implicitly, to allow a private right of action under the Health Care and Consumer Billing and Disclosure Protection Act, La.Rev.Stat. 22:1871 et seq. (more com*587monly referred to as the “Balance Billing Act”). In my view, the majority inordinately focuses on what the legislature did not do, that is expressly disallow a private right of action, rather than on what the legislature actually did. There is no doubt that the legislature perceived a problem with improper billing practices and sought to prohibit…