FL H0587

Creates section 768.755, Florida Statutes to limit recovery of damages for medical or health care services in personal injury and wrongful death actions.

For services with no outstanding balance to the provider, damages are limited to amounts actually paid; differences between original billing and actual amounts paid are not recoverable or admissible as evidence.

For services with an outstanding balance or future services, damages are limited to amounts customarily accepted by providers in the same geographic area, excluding government programs like Medicaid and Medicare, and applies to liens and subrogation claims.

Requires all medical or health care services to be medically necessary to be recoverable; lack of medical necessity is an affirmative defense and relieves patients from liability for services not medically necessary.

Creates exception for Medicaid, Medicare, or Florida Insurance Code-regulated payors with asserted liens or subrogation claims; maximum recoverable amount is the lien/claim amount plus copayments or deductibles paid by the claimant.