Florida Senate - 2016 SB 1474 By Senator Richter 23-01541A-16 20161474__ 1 A bill to be entitled 2 An act relating to damages recoverable for cost of 3 medical or health care services; creating s. 768.755, 4 F.S.; providing for the calculation of an award of 5 damages for certain medical or health care services 6 paid or owed by a claimant or a governmental or 7 commercial insurance payor; providing that individual 8 contracts between providers and licensed commercial 9 insurers or licensed health maintenance organizations 10 are not subject to discovery or disclosure and are not 11 admissible into evidence in certain actions; providing 12 that the amount of a lien or subrogation claim 13 asserted by Medicaid, Medicare, or a payor regulated 14 under the Florida Insurance Code for certain past 15 medical expenses, in addition to the amount of 16 copayments or deductibles payable by the claimant, is 17 the maximum amount recoverable and admissible into 18 evidence under certain circumstances; providing 19 applicability; providing a directive to the Division 20 of Law Revision and Information; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 768.755, Florida Statutes, is created to 26 read: 27 768.755 Damages recoverable for cost of medical or health 28 care services; evidence of amount of damages; applicability.— 29 (1) In any personal injury or wrongful death action to 30 which this part applies, damages for the cost of medical or 31 health care services provided to a claimant shall be calculated 32 as follows: 33 (a) For medical or health care services provided by a 34 particular health care provider to the claimant which the 35 claimant paid for and for which an outstanding balance is not 36 due the provider, the actual amount remitted to the provider is 37 the maximum amount recoverable. Any difference between the 38 amount originally billed by the provider and the actual amount 39 remitted to the provider is not recoverable or admissible into 40 evidence. 41 (b) For medical or health care services provided by a 42 particular health care provider to the claimant which a 43 governmental or commercial insurance payor paid for and for 44 which an outstanding balance is not due the provider, other than 45 a copay or deductible owed by the claimant, the actual amount 46 remitted to the provider by the governmental or commercial 47 insurance payor and any copay or deductible owed by the claimant 48 are the maximum amount recoverable. Any difference between the 49 amount originally billed by the provider and the actual amount 50 remitted to the provider or due from the claimant for a copay or 51 deductible is not recoverable or admissible into evidence. 52 (c) For medical or health care services provided to the 53 claimant for which an outstanding balance is claimed to be due 54 the provider and for claims asserted for medical or health care 55 services to be provided to the claimant in the future, the 56 maximum amounts recoverable are the amounts customarily accepted 57 from Medicaid in payment for such services by other providers in 58 the same geographic area. This limitation also applies to any 59 lien asserted for such services in the action, with the 60 exception of liens identified in subsection (3). 61 (2) Individual contracts between providers and licensed 62 commercial insurers or licensed health maintenance organizations 63 are not subject to discovery or disclosure in an action under 64 this part, and such information is not admissible into evidence 65 in an action to which this section applies. 66 (3) Notwithstanding this section, if Medicaid, Medicare, or 67 a payor regulated under the Florida Insurance Code has covered 68 or is covering the cost of a claimant’s medical or health care 69 services and has given notice of assertion of a lien or 70 subrogation claim for past medical expenses in the action, the 71 amount of the lien or subrogation claim, in addition to the 72 amount of any copayment or deductible paid or payable by the 73 claimant, is the maximum amount recoverable and admissible into 74 evidence with respect to the covered medical or health care 75 services. 76 (4) This section applies only to those actions for personal 77 injury or wrongful death to which this part applies arising on 78 or after the effective date of this act. This section has no 79 other application or effect regarding compensation paid to 80 providers of medical or health care services. 81 Section 2. The Division of Law Revision and Information is 82 directed to replace the phrase “the effective date of this act” 83 wherever it occurs in this act with the date the act becomes a 84 law. 85 Section 3. This act shall take effect upon becoming a law.