THE BILL ITSELF
CS/HB 1553
Admissibility of Evidence in Civil Cases
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A bill to be entitled
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An act relating to admissibility of evidence in civil
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cases; amending s. 768.0427, F.S.; revising provisions
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relating to evidence that is admissible to demonstrate
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past and future medical expenses in personal injury
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and wrongful death actions; providing construction;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (2) of section 768.0427, Florida
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Statutes, is amended to read:
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768.0427 Admissibility of evidence to prove or rebut
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medical expenses in personal injury or wrongful death actions;
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disclosure of letters of protection; recovery of past and future
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medical expenses damages.—
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(2) ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE
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EXPENSES.—Evidence offered to prove or rebut the amount of
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damages for past or future medical treatment or services in a
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personal injury or wrongful death action shall be is admissible
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as follows: provided in this subsection.
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(a) Evidence offered to prove the amount of damages for
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past medical treatment or services that have been satisfied is
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limited to evidence of the amount actually paid, regardless of
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the source of payment.
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(b) Evidence any party may offer offered to prove or rebut
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the amount necessary to satisfy unpaid charges for incurred
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medical treatment or services shall include, but is not limited
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to, the following: evidence as provided in this paragraph.
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1. If the claimant has health care coverage other than
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Medicare or Medicaid, evidence of the amount which such health
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care coverage is obligated to pay the health care provider to
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satisfy the charges for the claimant's incurred medical
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treatment or services, plus the claimant's share of medical
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expenses under the insurance contract or regulation.
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2. If the claimant has health care coverage but obtains
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treatment under a letter of protection or otherwise does not
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submit charges for any health care provider's medical treatment
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or services to health care coverage, evidence of the amount the
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claimant's health care coverage would pay the health care
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provider to satisfy the past unpaid medical charges under the
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insurance contract or regulation, plus the claimant's share of
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medical expenses under the insurance contract or regulation, had
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the claimant obtained medical services or treatment pursuant to
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the health care coverage.
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3. If the claimant does not have health care coverage or
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has health care coverage through Medicare or Medicaid, evidence
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of 120 percent of the Medicare reimbursement rate in effect on
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the date of the claimant's incurred medical treatment or
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services, or, if there is no applicable Medicare rate for a
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service, 170 percent of the applicable state Medicaid rate.
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4. If the claimant obtains medical treatment or services
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under a letter of protection and the health care provider
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subsequently transfers the right to receive payment under the
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letter of protection to a third party, evidence of the amount
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the third party paid or agreed to pay the health care provider
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in exchange for the right to receive payment pursuant to the
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letter of protection.
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5. Any evidence of reasonable amounts billed to the
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claimant for medically necessary treatment or medically
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necessary services provided to the claimant.
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(c) Evidence any party may offer offered to prove or rebut
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the amount of damages for any future medical treatment or
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services the claimant will receive shall include, but is not
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limited to, the following: evidence as provided in this
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paragraph.
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1. If the claimant has health care coverage other than
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Medicare or Medicaid, or is eligible for any such health care
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coverage, evidence of the amount for which the future charges of
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health care providers could be satisfied if submitted to such
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health care coverage, plus the claimant's share of medical
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expenses under the insurance contract or regulation.
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2. If the claimant does not have health care coverage or
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has health care coverage through Medicare or Medicaid, or is
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eligible for such health care coverage, evidence of 120 percent
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of the Medicare reimbursement rate in effect at the time of
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trial for the medical treatment or services the claimant will
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receive, or, if there is no applicable Medicare rate for a
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service, 170 percent of the applicable state Medicaid rate.
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3. Any evidence of reasonable future amounts to be billed
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to the claimant for medically necessary treatment or medically
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necessary services.
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(d) This subsection does not impose an affirmative duty
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upon any party to seek a reduction in billed charges to which
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the party is not contractually entitled or to offer any specific
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evidence made admissible by this subsection.
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(e) Individual contracts between providers and authorized
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commercial insurers or authorized health maintenance
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organizations are not subject to discovery or disclosure and are
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not admissible into evidence.
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Section 2. The amendments made by this act to s.
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768.0427(2), Florida Statutes, are intended to clarify existing
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law.
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Section 3. This act shall take effect upon becoming a law.