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, stating that claimants can only recover 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 claimants up to thirty percent of the difference between the billed amount and the amount actually paid, which is intended to compensate for the claimant's costs related to obtaining these benefits. Additionally, the bill specifies that the amounts paid by health insurance issuers or Medicare, as well as the billed amounts, will be discoverable for calculating the thirty percent difference.

The bill also introduces changes to jury instructions, ensuring that juries are only informed of the amount billed by medical providers and not of any payments made by health insurance or Medicare. It repeals the previous provision that required the court to receive evidence related to the limitations of recoverable past medical expenses only after a jury verdict is rendered. Furthermore, the bill clarifies that it does not apply to benefits received through medical payments coverage from auto insurance policies. The changes are 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)