Senate Bill No. 209, introduced by Senator Hodges, aims to amend existing laws regarding recoverable damages and medical expenses for personal injuries resulting from motor vehicle accidents. The bill specifically modifies R.S. 9:2800.27 by adding new provisions that limit the recovery of medical expenses for claimants without health insurance coverage. Under the proposed law, such claimants can recover amounts paid to medical providers, along with additional amounts representing 120% of the Medicare reimbursement rate or 170% of the applicable state Medicaid rate for both past and future medical treatments. This change is intended to ensure that claimants receive fair compensation for their medical expenses, even in the absence of health insurance.

Additionally, the bill retains existing provisions that limit recoverable past medical expenses to amounts actually paid by health insurance issuers, Medicare, or Medicaid. It also clarifies that the recovery of past medical expenses for claimants without health insurance is not subject to the same limitations as those with coverage. The bill stipulates that it will have prospective application only, meaning it will not affect causes of action filed before its effective date of August 1, 2025. Overall, this legislation seeks to provide clearer guidelines for the recovery of medical expenses in personal injury cases related to motor vehicle accidents.

Statutes affected:
SB209 Original: