Bates v. Hogg

In Bates v. Hogg, 22 Kan. App. 2d 702, 921 P.2d 249 (Kan. Ct. App. 1996), the Kansas Court of Appeals limited a plaintiff's damages to the amounts paid by Medicaid. The issue in Bates was whether a plaintiff could present evidence of the market value of medical treatment, even though her providers had accepted the lower Medicaid fees as full payment. Id. at 249. At trial, the court limited the evidence to the amount actually paid. The appellate court affirmed, holding that since the provider, by contract, agreed not to charge Medicaid patients for the difference between their customary charge and the amount paid, the Medicaid fee represented the customary charge under the circumstances. Id. at 253.