Florida Senate - 2025 SB 1520 By Senator Grall 29-01048A-25 20251520__ 1 A bill to be entitled 2 An act relating to evidence of damages to prove 3 medical expenses in personal injury or wrongful death 4 actions; amending s. 768.0427, F.S.; providing 5 evidence that is admissible to demonstrate past and 6 future medical expenses in personal injury and 7 wrongful death actions; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1.Paragraphs (b) and (c) of subsection (2) of 12 section 768.0427, Florida Statutes, are amended to read: 13 768.0427Admissibility of evidence to prove medical 14 expenses in personal injury or wrongful death actions; 15 disclosure of letters of protection; recovery of past and future 16 medical expenses damages. 17 (2)ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE 18 EXPENSES.Evidence offered to prove the amount of damages for 19 past or future medical treatment or services in a personal 20 injury or wrongful death action is admissible as provided in 21 this subsection. 22 (b)Evidence offered to prove the amount necessary to 23 satisfy unpaid charges for incurred medical treatment or 24 services may shall include any evidence allowed by the court 25 that tends to demonstrate the actual value of medical treatment 26 or services rendered, including, but is not limited to, evidence 27 as provided in this paragraph. 28 1.If the claimant has health care coverage other than 29 Medicare or Medicaid, Evidence of the amount the claimants 30 which such health care coverage is, or otherwise would be, 31 obligated to pay the health care provider to satisfy the charges 32 for the claimants incurred medical treatment or services, plus 33 the claimants share of medical expenses under the insurance 34 contract or regulation. 35 2.Evidence of the reasonable and customary rates for such 36 treatment or services rendered by a qualified provider If the 37 claimant has health care coverage but obtains treatment under a 38 letter of protection or otherwise does not submit charges for 39 any health care providers medical treatment or services to 40 health care coverage, evidence of the amount the claimants 41 health care coverage would pay the health care provider to 42 satisfy the past unpaid medical charges under the insurance 43 contract or regulation, plus the claimants share of medical 44 expenses under the insurance contract or regulation, had the 45 claimant obtained medical services or treatment pursuant to the 46 health care coverage. 47 3.If the claimant does not have health care coverage or 48 has health care coverage through Medicare or Medicaid, evidence 49 of 120 percent of the Medicare reimbursement rate in effect on 50 the date of the claimants incurred medical treatment or 51 services, or, if there is no applicable Medicare rate for a 52 service, 170 percent of the applicable state Medicaid rate. 53 3.4.If the claimant obtains medical treatment or services 54 under a letter of protection and the health care provider 55 subsequently transfers the right to receive payment under the 56 letter of protection to a third party, evidence of the amount 57 the third party paid or agreed to pay the health care provider 58 in exchange for the right to receive payment pursuant to the 59 letter of protection. 60 4.5.Any evidence of reasonable amounts billed to the 61 claimant for medically necessary treatment or medically 62 necessary services provided to the claimant. 63 (c)Evidence offered to prove the amount of damages for any 64 future medical treatment or services the claimant will receive 65 may shall include any evidence allowed by the court that tends 66 to demonstrate the actual value of medical treatment or services 67 to be rendered, including, but is not limited to, evidence as 68 provided in this paragraph. 69 1.If the claimant has health care coverage other than 70 Medicare or Medicaid, or is eligible for any such health care 71 coverage, evidence of the amount for which the future charges of 72 health care providers could be satisfied if submitted to such 73 health care coverage, plus the claimants share of medical 74 expenses under the insurance contract or regulation. 75 2.If the claimant does not have health care coverage or 76 has health care coverage through Medicare or Medicaid, or is 77 eligible for such health care coverage, evidence of the 78 reasonable and customary rates for such treatment or services 79 rendered by a qualified provider 120 percent of the Medicare 80 reimbursement rate in effect at the time of trial for the 81 medical treatment or services the claimant will receive, or, if 82 there is no applicable Medicare rate for a service, 170 percent 83 of the applicable state Medicaid rate. 84 3.Any evidence of reasonable future amounts to be billed 85 to the claimant for medically necessary treatment or medically 86 necessary services. 87 Section 2.This act shall take effect July 1, 2025.