FL H1271

Creates Florida Statute 768.755 to establish how medical damages are calculated in personal injury and wrongful death actions, limiting recoverable amounts to actual payments made rather than original billing amounts.

For services paid by claimants directly, the actual amount remitted to the provider is the maximum recoverable; for services paid by insurance, the actual amount paid by the insurer plus any copayments or deductibles owed by the claimant are the maximum recoverable.

For outstanding balances and future services, maximum recoverable amounts are limited to what Medicare customarily accepts as payment for such services by other providers in the same geographic area.

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

Exempts Medicaid, Medicare, and Florida Insurance Code-regulated payors from the Medicare-based limitation, allowing their lien or subrogation claims plus copayments or deductibles to be the maximum recoverable amount.

Applies only to actions arising on or after the effective date of the act.