HLS 14RS-3190 ORIGINAL
Page 1 of 2
Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 129
BY REPRESENTATIVE HUVAL
CIVIL/CLAIMS: Authorizes the Louisiana State Law Institute to study the collateral source
rule
A CONCURRENT RESOLUTI ON1
To authorize and direct the Louisiana State Law Institute to study and make2
recommendations relative to the collateral source rule as it relates to awards for3
damages for medical expenses.4
WHEREAS, the collateral source rule generally provides that a tortfeasor may not5
benefit, and an injured plaintiff's recovery may not be diminished, because of benefits6
received by the plaintiff from sources independent of the tortfeasor's contribution; and7
WHEREAS, medical providers typically reduce their medical charges through8
contractual negotiation with healthcare insurers providing coverage to the injured plaintiff;9
and 10
WHEREAS, awards for damages for medical expenses to the injured plaintiff11
frequently include the unreduced charges of the medical provider, and neither the healthcare12
insurer nor the injured plaintiff are obligated to pay the difference between the original,13
unreduced charges for services rendered by a medical provider and the contractually reduced14
charges actually paid by the healthcare insurer; and15
WHEREAS, such awards for damages unjustly enrich the injured plaintiff to the16
detriment of the liability insurer for the tortfeasor. 17
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby18
authorize and direct the Louisiana State Law Institute to study the collateral source rule and19
make recommendations for legislation to prohibit the recovery of medical expense damages20
which the injured plaintiff is not obligated to pay.21 HLS 14RS-3190 ORIGINAL
HCR NO. 129
Page 2 of 2
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted1
to the director of the Louisiana State Law Institute.2
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)]
Huval HCR No. 129
Authorizes the Louisiana State Law Institute to study and make recommendations relative
to the collateral source rule as it relates to awards for damages for medical expenses which
have been reduced by health care providers.