House Bill No. by Representative Melerine amends R.S. 9:2800.27 regarding recoverable medical expenses and the payment of these expenses from collateral sources. The bill modifies the limitations on the recovery of medical expenses by allowing claimants to recover only the amount actually paid to medical providers by health insurance issuers or Medicare, along with any cost-sharing amounts owed by the claimant. The court may award up to thirty percent of the difference between the billed amount and the amount actually paid, which is intended to compensate the claimant for expenses related to health insurance premiums. Additionally, the bill stipulates that the amounts paid by health insurance or Medicare, as well as the billed amounts, must be discoverable for calculating the thirty percent difference.

The bill also introduces changes to jury instructions, stating that juries will only be informed of the amount billed by medical providers and will not be made aware of any payments made by health insurance or Medicare. Furthermore, it repeals a section that previously governed the determination of recoverable past medical expenses, streamlining the process. The new provisions will take effect for any cause of action occurring after January 1, 2025.

Statutes affected:
HB423 Original: 9:27(B)
HB423 Engrossed: 9:27(B), 9:27(G)
HB423 Reengrossed: 9:27(B), 9:27(G)
HB423 Enrolled: 9:27(B)