SB 231: CIVIL PROCEDURE: Provides for recoverable medical expenses. (1/1/26) - Louisiana

Senate Floor Bureau Note, #2003, Reese, Adopted → SB231 Act · 5 edits

MODERATE

This bill significantly updates Louisiana's medical expense recovery laws to clarify how much money a patient can recover when their medical bills have been paid by insurance. It introduces specific definitions for terms like 'contracted medical provider' and establishes that patients generally cannot recover the full billed amount if insurance has already paid the negotiated rate. The law now allows courts to award patients a portion of the difference between what was billed and what was paid, while also restricting what information a jury can hear about insurance payments to prevent bias.

Scope change

The bill expands the scope of the statute by adding specific rules for cases involving Medicare, Medicaid, workers' compensation, and pre-negotiated agreements between attorneys and medical providers, which were not explicitly detailed in the previous version.

DEFINITION

New definitions were added for 'contracted medical provider,' 'cost of procurement,' 'cost sharing,' 'health insurance issuer,' and 'medical provider' to clarify exactly who and what is covered under the new rules.

ELIGIBILITY

The rules for recovering medical expenses were modified to limit recovery to the amount actually paid by insurance plus any cost sharing (like deductibles), rather than the total amount billed to the provider.

REQUIREMENT

New requirements were added to control what evidence a jury can see; juries are now only informed of the billed amount, while the judge alone considers evidence regarding insurance payments and negotiated rates.

New provisions address attorney-negotiated write-offs, requiring that if an attorney agrees to a lower bill with a provider, that agreement is considered when calculating the patient's recoverable damages.

TIMELINE

The bill establishes a specific timeline for when evidence regarding insurance payments can be introduced, stating it can only be considered after a jury verdict is rendered in a jury trial.

SB231 Original → Senate Floor Bureau Note, #2003, Reese, Adopted · 3 edits

MINOR

The bill was amended to remove references to a repealed subsection (H) of the statute and to correct a procedural error in the enacting clause. These changes ensure the legislation aligns with current statutory law and follows proper legislative formatting.

TECHNICAL

Deleted the phrase 'and to enact R.S. 9:2800.27(H)' from the bill's purpose statement to remove a reference to a subsection that no longer exists.

Deleted the phrase 'and R.S. 9:2800.27(H)' from the section title to prevent confusion regarding the repealed subsection.

Deleted the phrase 'is hereby enacted' from the enacting clause to correct the legislative language.

SB231 Enrolled → SB231 Original · 4 edits

MODERATE

The bill was renumbered and its title was updated to reflect the repeal of specific subsections (F and G) from the existing law. The substantive policy regarding recoverable medical expenses, including definitions of providers and the calculation of damages, remains unchanged in this version.

Scope change

The bill's scope is narrowed by explicitly repealing subsections F and G of the existing statute, which previously governed specific trial procedures and attorney-negotiated write-offs.

REQUIREMENT

Removed the requirement to repeal R.S. 9:2800.27 subsections (F) and (G) from the bill's purpose statement, indicating these sections are being removed by this new version.

TECHNICAL

Updated the bill number from SB 231 to SLS 25RS-417 and adjusted the session header text.

Deleted the header indicating this was the 'ENROLLED' version, replacing it with the 'ORIGINAL' version header.

Adjusted the list of legislative purposes to remove references to 'attorney-negotiated write-offs' and 'write-offs or discounts provided by a medical provider' from the preamble.

SB231 Reengrossed → SB231 Enrolled · 5 edits · Jun 30, 2025

MODERATE

The bill was finalized as an Enrolled version, changing the header from 'Reengrossed' to 'Enrolled' and reducing the page count from 7 to 4. Substantively, the bill defines how medical expenses are calculated in lawsuits, specifically limiting recoverable costs to amounts actually paid by insurance or Medicare rather than the original billed amounts. It also establishes specific rules for juries regarding what financial information they can see during trials.

Scope change

The bill applies to civil actions involving the recovery of past medical expenses paid by health insurance issuers, Medicare, or Medicaid.

DEFINITION

Added specific definitions for 'contracted medical provider,' 'cost of procurement,' 'cost sharing,' 'health insurance issuer,' and 'medical provider' to clarify who and what is covered under the new rules.

REQUIREMENT

Modified the calculation of recoverable medical expenses to limit recovery to the amount actually paid by insurers or Medicare, plus any cost sharing, instead of the original billed amount.

Added new rules restricting what information juries can see during trials, specifically preventing them from hearing about amounts paid by insurance or Medicare, while allowing judges to consider that evidence privately.

Added a provision limiting recovery when a medical provider has agreed to accept a discounted amount as full compensation.

TECHNICAL

Updated the document status from 'Reengrossed' to 'Enrolled' and adjusted page numbering from 7 pages to 4 pages.

SB231 Engrossed → SB231 Reengrossed · 3 edits · Jun 8, 2025

MINOR

The bill was reengrossed to correct a typographical error in the section number (changing '2800.27(H)' to '2800.27') and to fix a calculation error in the text where 'forty thirty percent' was changed to 'forty percent'. These changes ensure the statute accurately reflects the intended 40% recovery rate for medical expenses paid by insurance and corrects the internal numbering of the definitions.

TECHNICAL

Corrected a typo in the section title by removing the erroneous '(H)' designation.

Fixed a calculation error in the text changing 'forty thirty percent' to 'forty percent' to accurately reflect the statutory recovery limit.

Reorganized the numbering of the definitions section to align the new definitions with the correct sequential order.

CIVIL PROCEDURE: Provides for recoverable medical expenses. (1/1/26)

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