On March 24, 2023, Florida House Bill 837, became law. It has an impact on the valuation and recovery of damages for past and future medical care in personal injury cases. HB 837 allows defendants to discover and introduce evidence regarding allowable amounts for commercial insurance, Medicare, and Medicaid which the jury can consider in awarding medical damages.
For past medical expenses paid by a third party, HB 837 only allows the plaintiff present evidence of the amount actually paid and does not allow the plaintiff to introduce the amount of billed charges. For care provided under a letter of protection, HB 837 requires disclosure of health insurance the plaintiff had at the time of treatment and allows the defendant to introduce evidence of the allowed amount the health insurance would have set.
For unpaid medical bills and future medical care, HB 837 makes these amounts admissible:
- The allowed amount plaintiff’s health insurance would have set if insurance was available
- The amount the plaintiff would have been responsible to pay for medical expenses under available health insurance
- For uninsured patients and patients covered by Medicare or Medicaid, 120% of the Medicare allowable amount or 170% of the Medicaid allowable amount at the time of trial
- The amount a provider sold its right to collect on a medical bill under a letter of protection
- Other evidence of reasonable payment amounts for medically necessary treatment or services
Research and Planning Consultants (RPC) has considerable experience in determining the reasonable value of healthcare and usual, customary, and reasonable charges for healthcare. We assist attorneys in framing discovery requests to obtain the documents needed to determine reasonable value. Our economists can calculate reasonable charges and reasonable value for past and future medical expenses in personal injury cases subject to HB 837. For cases filed before March 24, 2023, RPC can provide expert testimony about the reasonable value of healthcare expenses. We have testified in various state and federal jurisdictions, including Florida, on these issues.
To discuss these recent developments or for a free consultation, contact Brian Piper, PhD at 512.371.8014, bpiper@rpcconsulting.com. Or Ron Luke, JD, PhD at 512.371.8166, rluke@rpcconsulting.com.