HB1310112th GA (Historical)Introduced

Amends TCA Title 29, Chapter 20.

Generally under present law, in any civil action for personal injury brought by an injured party against the person or persons alleged to be responsible for causing the injury, if an itemization of or copies of the medical, hospital or doctor bills which were paid or incurred because of such personal injury are served upon the other parties at least 90 days prior to the date set for trial, there is a rebuttable presumption that such medical, hospital or doctor bills are reasonable. Any party desiring to offer evidence at trial to rebut the presumption must serve upon the other parties, at least 45 days prior to the date set for trial, a statement of that party's intention to rebut the presumption, specifying which bills the party believes to be unreasonable. Notwithstanding the present law provision above, this bill prohibits, in actions for personal injury under the Governmental Tort Liability Act, a claimant from recovering, as economic damages for past medical expenses, the undiscounted sum stated in the medical provider's bill but not paid by or on behalf of the claimant, if a claimant receives medical care for injuries and the provider of that medical care accepts as full payment an amount less than the amount stated in the medical provider's bill. This bill provides that in actions for personal injury under the Act, a judgment cannot be entered for the claimant for economic damages that exceed amounts received by or on behalf of the claimant from an alternate source as compensation for the personal injury, whether from private, group, or governmental sources, and whether contributory or noncontributory. Evidence of the negotiated amount paid or to be paid by a private, group, or governmental payor is admissible. An alternate source does not include death benefits paid under life insurance contracts. In actions involving an uninsured claimant under the Act, a governmental entity may have a non-discounted medical bill calculated as though the medical bill is to be paid under reimbursement rates established by Medicare. The calculated rate will be admissible evidence of the claimant's economic loss for medical expenses and the medical provider's subrogation interest is limited to that calculated rate.

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Overview

Generally under present law, in any civil action for personal injury brought by an injured party against the person or persons alleged to be responsible for causing the injury, if an itemization of or copies of the medical, hospital or doctor bills which were paid or incurred because of such personal injury are served upon the other parties at least 90 days prior to the date set for trial, there is a rebuttable presumption that such medical, hospital or doctor bills are reasonable. Any party desiring to offer evidence at trial to rebut the presumption must serve upon the other parties, at least 45 days prior to the date set for trial, a statement of that party's intention to rebut the presumption, specifying which bills the party believes to be unreasonable. Notwithstanding the present law provision above, this bill prohibits, in actions for personal injury under the Governmental Tort Liability Act, a claimant from recovering, as economic damages for past medical expenses, the undiscounted sum stated in the medical provider's bill but not paid by or on behalf of the claimant, if a claimant receives medical care for injuries and the provider of that medical care accepts as full payment an amount less than the amount stated in the medical provider's bill. This bill provides that in actions for personal injury under the Act, a judgment cannot be entered for the claimant for economic damages that exceed amounts received by or on behalf of the claimant from an alternate source as compensation for the personal injury, whether from private, group, or governmental sources, and whether contributory or noncontributory. Evidence of the negotiated amount paid or to be paid by a private, group, or governmental payor is admissible. An alternate source does not include death benefits paid under life insurance contracts. In actions involving an uninsured claimant under the Act, a governmental entity may have a non-discounted medical bill calculated as though the medical bill is to be paid under reimbursement rates established by Medicare. The calculated rate will be admissible evidence of the claimant's economic loss for medical expenses and the medical provider's subrogation interest is limited to that calculated rate.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 11, 2021

Subjects
48350820

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