House Bill No. [insert number] amends R.S. 22:1891 to establish new requirements for filing medical claims related to automobile liability insurance policies. The bill mandates that claimants with private health insurance, Medicare, or Medicaid must first file their medical claims with their respective health coverage providers before pursuing a claim with their automobile liability insurer. This change aims to streamline the claims process and allows health insurers to subrogate against the automobile liability insurer for any claims paid. Additionally, the bill retains existing provisions that prevent insurers from limiting the time frame for reimbursement of medical expenses incurred due to injuries from covered accidents, provided the injuries are diagnosed within one year and reported within three years of the accident.

Furthermore, the bill introduces a rebuttable presumption that a claimant's failure to utilize available health insurance to cover medical expenses indicates a failure to mitigate damages. Claimants can counter this presumption by demonstrating that their decision not to use health insurance was reasonable under specific circumstances. If the presumption is not rebutted, the trier of fact may reduce the claimant's damage award by the amount that would have been covered by the claimant's health insurance. The provisions of this bill will take effect on January 1, 2026, and will only apply to causes of action filed after this date, excluding cases related to medical malpractice.

Statutes affected:
HB440 Original: