Florida Senate - 2021                                     SB 846
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00414C-21                                           2021846__
    1                        A bill to be entitled                      
    2         An act relating to medical expenses; creating s.
    3         768.0427, F.S.; defining the term “health care
    4         coverage”; specifying that certain evidence offered to
    5         prove damages for the cost of past medical expenses is
    6         admissible in a personal injury or wrongful death
    7         action under certain circumstances; specifying damages
    8         that may be recovered by a claimant for the reasonable
    9         and necessary cost or value of medical care rendered;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 768.0427, Florida Statutes, is created
   15  to read:
   16         768.0427 Recovery of past medical expenses in personal
   17  injury or wrongful death actions.—
   18         (1) DEFINITION.—For the purposes of this section, the term
   19  “health care coverage” means any form of third-party coverage of
   20  applicable medical expenses, including, but not limited to,
   21  commercial health insurance, Medicare, Medicare supplemental
   22  health insurance, Medicaid, Tricare, workers’ compensation, and
   23  personal injury protection.
   24         (2) ADMISSIBLE EVIDENCE.—Evidence offered to prove damages
   25  for the cost of past medical expenses is admissible in a
   26  personal injury or wrongful death action as provided in this
   27  subsection.
   28         (a) Past paid medical expenses.—Evidence offered to prove
   29  the amount of a past medical expense that has been satisfied is
   30  limited to evidence of the amount paid, regardless of the source
   31  of payment.
   32         (b) Past unpaid medical expenses.—Evidence offered to prove
   33  the amount necessary to satisfy an unpaid charge for a medical
   34  expense is limited to evidence of the amount necessary to
   35  satisfy the charge as provided in this paragraph.
   36         1. If the claimant has health care coverage, evidence of
   37  the amount necessary to satisfy an unpaid medical charge may not
   38  exceed the amount by which the charge may be satisfied by such
   39  health care coverage plus the claimant’s share of medical
   40  expenses under the insurance contract or regulation, and
   41  regardless of whether the health care coverage is used or will
   42  be used to satisfy the charge.
   43         2. If the claimant does not have health care coverage,
   44  evidence of the amount necessary to satisfy an unpaid medical
   45  charge may not exceed the usual and customary amount or the
   46  amount customarily accepted in payment for the services by the
   47  claimant’s medical providers and by other providers in the same
   48  geographic area. In determining the amount customarily accepted,
   49  the trier of fact shall consider amounts accepted by providers
   50  in the same geographic area for identical or substantially
   51  similar medical or health care services on a cash basis, under
   52  Medicare, under the Workers’ Compensation Law, and by payors
   53  regulated under the Florida Insurance Code.
   54         (3) DAMAGES RECOVERABLE.—The damages that may be recovered
   55  by a claimant in a personal injury or wrongful death action for
   56  the reasonable and necessary cost or value of medical care
   57  rendered may not exceed the sum of the amounts paid by or on
   58  behalf of the injured person to a health care provider who
   59  rendered treatment and any amounts necessary to satisfy the
   60  medical care charges that have been incurred but not yet
   61  satisfied.
   62         Section 2. This act shall take effect July 1, 2021.