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.