In the Medicaid program, this term means that each state provides the same (comparable) benefits for those eligible except for those benefits in Medicaid waiver programs and benefits for children through Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) programs.
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Comparability provision
Medicare guideline stating that reasonable charges for medical services cannot be greater than similar services billed to non-Medicare patients covered by private insurance or managed care plans.
Comparative condition
Patient’s situation that is documented as “either/or” in the medical record. Conditions include illness, disease, injury, pregnancy, bodily defect or abnormality, mental illness, alcoholism, or drug or chemical dependence.
Comparative for Negligence (Degrees and Defenses available to the Defendant)
Two individuals are involved in an act that caused injury or damage. The situation is reviewed to determine the percent of damage caused by the actions of each party. For example, if the injured party was 30 percent at fault the other party would be responsible for only 70 percent of the damages.
Comparative Negligence
A modification of the principle of contributory negligence. In those jurisdictions that follow the principle of comparative negligence, negligence on the part of the injured party will not necessarily defeat the claim, but will be considered in determining the amount of damages.
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A variation of contributory negligence, in which the comparative degree of negligence for each party to an accident is taken into account when awarding damages.
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In some states, when a plaintiff sues for alleged damages, the plaintiff’s degree of negligence in the incident is considered in awarding damages. If the plaintiff’s degree of negligence is greater than the defendant’s the plaintiff does not collect anything.This can be illustrated as follows. Josh runs a stop sign and has a wreck with Marilyn. Marilyn sues Josh for damages to her vehicle and her medical bills. During the investigation of the accident it is found that Marilyn was speeding, which added to the severity of her damages. She is found 20% at fault for the accident and Josh is found to be 80% at fault. In this case, Marilyn would receive only 80% of her requested damages. (See Contributory Negligence).
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US: Under this concept a plaintiff (the person bringing suit) may recover damages even though guilty of some negligence. His or her recovery, however, is reduced by the amount or percent of that negligence.
Comparative negligence (Legal Terminology)
A concept within tort law that applies in some states. The concept states that the negligence of both people involved in an accident is proportional to their contribution to the accident.
Comparative Negligence for Negligence (Degrees and Defenses available to the Defendant)
Doctrine in the law of negligence whereby the negligence of the parties are compared, commonly on a percentage basis. Recovery is therefore permitted, even though contributory negligence is attributed to the plaintiff.
comparative performance report (CPR)
Document that gives the annual comparison of a physician’s services and procedures to those of another doctor in the same specialty and geographical location.
Compendium
Collected information that includes standards of strength, purity, and quality of drugs. Official compendia in the United States are the United States Pharmacopoeia, the National Formulary, the Homeopathic Pharmacopoeia of the United States, and their supplements.
Compensable injury
Any trauma suffered by an employee that arises out of employment (AOE) and occurs in the course of employment (COE). This includes any aggravation or acceleration, because of employment, of a preexisting physical or mental condition or pathology.