FL S1240

Creates section 768.755, F.S., establishing how damages for medical or health care services are calculated in personal injury and wrongful death actions.

For services paid in full by the claimant or by insurance with no outstanding balance, the actual amount paid to the provider is the maximum recoverable amount; differences between billed and actual amounts are inadmissible.

For services with outstanding balances, parties may introduce evidence of amounts the provider routinely accepts from insurance payors, amounts billed to the claimant, and compensation received from sale of provider agreements.

Prohibits discovery, disclosure, and admission into evidence of individual contracts between health care providers and licensed commercial insurers or health maintenance organizations.

When Medicaid, Medicare, or a Florida Insurance Code-regulated payor asserts a lien or subrogation claim for past medical expenses, the lien amount plus any copayments or deductibles owed is the maximum recoverable and admissible amount; applies to actions arising on or after the effective date.