HLS 14RS-1375 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 773
BY REPRESENTATIVE SEABAUGH
CIVIL/LAW: Provides with respect to the award of certain damages
AN ACT1
To enact Civil Code Article 2315(C), relative to damages; to prohibit the award of damages2
in certain circumstances; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. Civil Code Article 2315(C) is hereby enacted to read as follows: 5
Art. 2315. Liability for acts causing damages6
* * *7
C. In any action for damages in which a person suffers injury, death, or loss,8
the court shall not award to the plaintiff any portion of any medical expense, bill, or9
invoice that the plaintiff is not personally obligated to pay to the provider because10
that medical expense, bill, or invoice has been reduced or paid by a healthcare11
insurer, Medicare, Medicaid, other state or federal agency or program, or by private12
agreement.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Seabaugh HB No. 773
Abstract: Prohibits an award by the court to the plaintiff of any portion of any medical
expense, bill, or invoice that the plaintiff is not personally obligated to pay to the
provider because it has been reduced or paid by any healthcare insurer, Medicare,
Medicaid, other state or federal agency or program, or by private agreement. HLS 14RS-1375 ORIGINAL
HB NO. 773
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that every act whatever of man that causes damage to another obliges
him by whose fault it happened to repair it.
Present law provides that damages may include loss of consortium, service, and society, and
also include any sales taxes paid by the owner on the repair or replacement of the property
damaged.
Present law provides that damages do not include costs for future medical treatment,
services, surveillance, or procedures of any kind unless such treatment, services,
surveillance, or procedures are directly related to a manifest physical or mental injury or
disease.
Proposed law retains present law and provides that in any action for damages in which a
person suffers injury, death, or loss, the court shall not award to the plaintiff any portion of
any medical expense, bill, or invoice that the plaintiff is not personally obligated to pay to
the provider because it has been reduced or paid by any healthcare insurer, Medicare,
Medicaid, other state or federal agency or program, or by private agreement.
(Adds C.C. Art. 2315(C))