FL S1328

Limits recovery of damages for medical or health care services to amounts actually paid to providers when no balance is outstanding, making billed amounts not recoverable.

Caps recovery at amounts customarily accepted by other providers in the same geographic area when an outstanding balance is owed or services are to be provided in the future, considering cash rates, Medicaid, Medicare, and Florida Insurance Code-regulated payor rates.

Requires medical or health care services to be determined medically necessary by preponderance of evidence to be recoverable; non-medically necessary services and related damages are not recoverable.

Permits liens asserted by Medicaid, Medicare, or regulated insurers to be the sole recoverable amount for covered services, superseding other limitations in the section.

Applies only to personal injury and wrongful death actions arising on or after the effective date and does not affect other compensation arrangements for medical or health care services.