Senate Bill No. SLS 25RS-417, introduced by Senator Reese, amends R.S. 9:2800.27 to clarify the recoverability of medical expenses in civil actions. The bill specifies that when a claimant's medical expenses are covered, in whole or in part, by a health insurance issuer or Medicare, the recovery is limited to the actual amount paid to the contracted medical provider, along with any applicable cost-sharing amounts owed by the claimant. Notably, the previous provision that allowed claimants to recover 40% of the difference between the billed amount and the amount paid has been removed. Instead, the bill emphasizes that the trier of fact must be informed of both the amounts billed and the amounts actually paid for medical expenses incurred by the claimant.

Additionally, the bill introduces new provisions regarding cases where claimants have pre-negotiated agreements with medical providers, limiting recovery to the amount actually paid under such agreements. It also clarifies that the provisions do not apply to benefits received through automobile liability insurance that includes medical payments coverage. The bill is set to take effect on January 1, 2026, and will only apply to causes of action filed after this date. Overall, the legislation aims to streamline the process of recovering medical expenses while ensuring that claimants are aware of the actual costs incurred.

Statutes affected:
SB231 Original:
SB231 Engrossed:
SB231 Reengrossed: