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FL H0537
Bill
Status
5/5/2017
Primary Sponsor
Bob Rommel
Click for details
AI Summary
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Creates section 766.1181, Florida Statutes, to establish how damages for medical or health care costs are calculated in personal injury and wrongful death actions under medical malpractice law.
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For paid medical services with no outstanding balance, the actual amount remitted to the provider is the maximum recoverable; any difference between the billed amount and actual payment is not recoverable or admissible as evidence.
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For services paid by government programs or private insurance with no outstanding balance, the maximum recoverable amount is the actual amount remitted plus any copayment or deductible owed by the claimant; differences from the original billing amount are not recoverable or admissible.
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For services with outstanding balances or future services, the maximum recoverable amount is limited to amounts customarily accepted from Medicare by other providers in the same geographic area.
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Prohibits discovery or disclosure of contracts between health care providers and insurers, and makes such information inadmissible as evidence; applies only to actions arising on or after the effective date.
Legislative Description
Medical Malpractice
Last Action
Died in Civil Justice and Claims Subcommittee
5/5/2017