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FL H1199

Bill

Status

Failed

4/28/2015

Primary Sponsor

Civil Justice Subcommittee

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Creates Florida Statute 768.755 to establish how damages for medical or health care services are calculated in personal injury and wrongful death actions

  • Limits recoverable damages to the actual amount remitted to providers (not the original billed amount) for services paid by claimants or paid by insurance, plus copays and deductibles; differences between billed and actual amounts are inadmissible as evidence

  • Allows evidence of amounts providers routinely accept from insurance payors, amounts billed to claimants, and compensation received from sale of provider agreements when services have an outstanding balance claimed

  • Prohibits discovery or disclosure of individual contracts between providers and commercial insurers or health maintenance organizations in personal injury actions

  • Caps damages related to Medicaid, Medicare, or Florida Insurance Code-regulated payor liens or subrogation claims at the lien or subrogation claim amount plus any copayments or deductibles; applies to actions arising after the effective date

Legislative Description

Damages in Personal Injury Actions

Last Action

Died in Judiciary Committee

4/28/2015

Committee Referrals

Judiciary3/26/2015
Civil Justice Subcommittee3/8/2015

Full Bill Text

No bill text available