House Bill 837 (HB 837) has brought significant reforms to Florida’s personal injury laws, particularly in how medical bills are handled in court. These changes aim to create a more consistent and accurate representation of medical expenses, reshaping the landscape of damages calculation and presentation. Here’s what you need to know about the new medical bill rules and their implications.
Evidence Limitations on Medical Expenses
HB 837 introduces strict limitations on the evidence that can be presented in court regarding past medical expenses.
HB 837 introduces strict limitations on the evidence that can be presented in court regarding past medical expenses.
- Actual Amount Paid: Plaintiffs can now only present evidence of the amounts actually paid for medical treatment, regardless of the payment source. This eliminates the practice of presenting inflated billed amounts as damages.
- Impact of Letters of Protection (LOP): For care provided under an LOP, defendants are allowed to introduce evidence of the “allowed amount” that health insurance would have set. This ensures that damages reflect realistic healthcare costs.
New Standards for Calculating Medical Damages
The bill establishes precise rules for calculating both unpaid medical bills and future medical care costs:
The bill establishes precise rules for calculating both unpaid medical bills and future medical care costs:
- For Unpaid Bills: Damages are calculated based on:
- The allowed amount that the plaintiff’s health insurance plan would have paid.
- For uninsured plaintiffs, damages are limited to either:
- 120% of the Medicare allowable amount.
- 170% of the Medicaid allowable amount.
This standardization reduces variability and creates more predictable outcomes in damages valuation.
Changes to Letters of Protection (LOP)
HB 837 significantly alters the rules surrounding Letters of Protection, which are often used when plaintiffs receive medical care without immediate payment.
HB 837 significantly alters the rules surrounding Letters of Protection, which are often used when plaintiffs receive medical care without immediate payment.
- Mandatory Disclosures:
- Plaintiffs must disclose whether they had health insurance at the time of treatment.
- They must also provide a copy of the LOP and all medical billings related to their treatment.
- Limitations on Damages:
- Medical damages are restricted to the amounts actually paid, rather than the original billed charges.
These changes aim to prevent inflated claims and provide a more transparent picture of actual medical costs.
Jury Considerations
HB 837 empowers juries with greater oversight in evaluating medical expenses:
HB 837 empowers juries with greater oversight in evaluating medical expenses:
- Reasonableness of Bills: Juries can now assess whether medical bills are reasonable and proportionate to the treatment provided.
- Necessity of Treatment: Juries can also determine whether past or future medical care was medically necessary, adding another layer of scrutiny to damages claims.
A Uniform Procedure for Damages Calculation
One of the key goals of HB 837 is to establish a uniform procedure for evaluating medical-related damages. This addresses concerns that settlement amounts are often manipulated to reflect higher-than-actual medical costs. By standardizing how damages are calculated and presented, the bill ensures fairer outcomes for all parties involved.
One of the key goals of HB 837 is to establish a uniform procedure for evaluating medical-related damages. This addresses concerns that settlement amounts are often manipulated to reflect higher-than-actual medical costs. By standardizing how damages are calculated and presented, the bill ensures fairer outcomes for all parties involved.
Implications for Personal Injury Cases
The reforms introduced by HB 837 have wide-reaching implications for settlement negotiations and trial strategies in personal injury cases:
The reforms introduced by HB 837 have wide-reaching implications for settlement negotiations and trial strategies in personal injury cases:
- For Plaintiffs and Attorneys:
- They must adapt to the new requirements for disclosing medical bills and providing accurate, realistic evidence of damages.
- Attorneys will need to carefully prepare for how juries evaluate the reasonableness and necessity of medical expenses.
- For Defendants and Insurers:
- These changes offer stronger defenses against inflated medical claims, potentially leading to lower settlement amounts and judgments.
Conclusion
HB 837 represents a fundamental shift in how medical bills are handled in Florida personal injury cases, emphasizing transparency, fairness, and accuracy. By limiting admissible evidence to actual costs, requiring disclosure of LOP details, and introducing uniform standards for damages calculation, this legislation aims to create a more equitable legal environment. Plaintiffs, defendants, and legal professionals must navigate these changes carefully to effectively pursue or defend against claims in Florida’s evolving personal injury landscape.
HB 837 represents a fundamental shift in how medical bills are handled in Florida personal injury cases, emphasizing transparency, fairness, and accuracy. By limiting admissible evidence to actual costs, requiring disclosure of LOP details, and introducing uniform standards for damages calculation, this legislation aims to create a more equitable legal environment. Plaintiffs, defendants, and legal professionals must navigate these changes carefully to effectively pursue or defend against claims in Florida’s evolving personal injury landscape.
