FL S1402

Limits recoverable damages for medical or health care services to actual amounts paid to providers when no outstanding balance remains due.

Caps damages at amounts customarily accepted by providers in the same geographic area when an outstanding balance is claimed or services are to be provided in the future, excluding government programs like Medicaid and Medicare.

Restricts recovery to only medically necessary services as determined by preponderance of evidence; patients cannot be held liable for medically unnecessary services, and lack of medical necessity may be asserted as an affirmative defense.

Provides an exception for liens or subrogation claims from Medicaid, Medicare, or Florida Insurance Code-regulated payors, allowing recovery up to the lien amount plus copayments and deductibles.

Applies only to personal injury and wrongful death actions and takes effect for causes of action arising on or after the effective date.