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 amount of medical expenses that can be recovered by claimants, specifying that if medical expenses have been paid by a health insurance issuer or Medicare, the claimant's recovery is limited to the actual amount paid, along with any cost-sharing amounts. 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 clarifies that the amounts paid by health insurance or Medicare, as well as the billed amounts, are discoverable for calculating the thirty percent difference.

The bill also revises how juries are informed about medical expenses in trials. It states that juries should only be informed of the amount billed by medical providers, without disclosing whether any expenses have been paid or agreed to be paid by any party. Furthermore, the bill repeals a previous provision that restricted the introduction of evidence related to recoverable past medical expenses until after a jury verdict is rendered. The new language allows for a more streamlined process in which juries are not influenced by the payment status of medical expenses. The act is set to 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)