FL H0379

Creates section 768.755, F.S. to establish that claimants in personal injury or wrongful death actions may recover damages for medical or health care services only if determined medically necessary by preponderance of evidence, with rebuttal available through expert testimony from a health care provider in the same specialty.

Establishes damage calculation methodology: for paid services with no outstanding balance, the actual amount remitted is maximum recoverable; for services with outstanding balances, parties may introduce evidence of usual and customary charges, amounts billed by the provider, and compensation received from sale of provider agreements.

Prohibits discovery or disclosure of individual contracts between providers and commercial insurers or health maintenance organizations, and declares such information inadmissible in evidence.

Requires alternative damages calculation when Medicaid, Medicare, or a payor regulated under the Florida Insurance Code has filed a lien or subrogation claim, with the lien or subrogation amount plus copayments or deductibles being the maximum recoverable amount.

Prohibits use of medical necessity determinations in efforts to recoup payments from providers or in malpractice, disciplinary, or regulatory actions against providers; applies only to actions arising on or after the effective date.