FL S1128

Creates section 768.755, F.S. limiting damages for medical or health care services in personal injury and wrongful death actions to only those services determined medically necessary by preponderance of the evidence.

Establishes three methods for calculating medical damages: (a) actual amount paid by claimant when no outstanding balance exists; (b) actual amount paid by insurance plus any copays/deductibles when no balance exists; (c) usual and customary charges, billed amounts, and other relevant evidence when an outstanding balance is claimed.

Prohibits discovery and admission of individual contracts between providers and commercial insurers or HMOs, except for lien or subrogation claims from Medicaid, Medicare, or Florida Insurance Code-regulated payors.

Requires that when Medicaid, Medicare, or regulated insurers assert a lien or subrogation claim, the lien amount plus copayments or deductibles become the maximum recoverable damages amount.

Applies only to actions arising on or after the effective date and prohibits using medical necessity determinations in payment recoupment efforts or malpractice, disciplinary, or regulatory proceedings against providers.