FL H1069

Creates section 768.755, Florida Statutes, to establish limits on recoverable damages for medical or health care services in personal injury and wrongful death actions.

Limits recovery to actual amounts paid to providers when no outstanding balance exists; differences between billed and paid amounts are not recoverable or admissible as evidence.

Limits recovery to amounts customarily accepted by other providers in the same geographic area for services where an outstanding balance is claimed or for future services; considers cash payment rates, Medicaid, Medicare, and Florida Insurance Code-regulated payor rates.

Requires medical or health care services to be medically necessary by preponderance of evidence to be recoverable; excludes claimants from recovering damages for services determined to be unnecessary.

Applies to Medicaid, Medicare, and regulated payor liens by making the asserted lien amount the only recoverable and admissible amount for covered services; takes effect upon enactment for all causes of action arising on or after that date.