HLS 14RS-3190 ENGROSSED
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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 can reduce their medical charges through contractual8
negotiation with healthcare insurers providing coverage to the injured plaintiff; and 9
WHEREAS, awards for damages for medical expenses to the injured plaintiff can10
include the unreduced charges of the medical provider, and neither the healthcare insurer nor11
the injured plaintiff are obligated to pay the difference between the original, unreduced12
charges for services rendered by a medical provider and the contractually reduced charges13
actually paid by the healthcare insurer.14
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby15
authorize and direct the Louisiana State Law Institute to study the collateral source rule and16
make recommendations for legislation regarding the recovery of medical expense damages17
which the injured plaintiff is not obligated to pay.18
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted19
to the director of the Louisiana State Law Institute.20 HLS 14RS-3190 ENGROSSED
HCR NO. 129
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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 healthcare providers.
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Changed terminology regarding the reduction of charges by medical providers.
2. Deleted provisions referencing unjust enrichment.