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)]
HB 692 Original 2020 Regular Session Seabaugh
Abstract: Provides for reduced damages for amounts paid or payable from collateral sources
including national and state-funded benefits, Worker's Compensation payments, and
negotiated reductions and write-offs.
Present law (C.E. 409) provides that evidence of furnishing or offering to pay expenses are not
admissible to mitigate, reduce, or avoid liability.
Proposed law allows payment from collateral sources, as defined by proposed law, to be admissible.
Present law does not prohibit recovery of damages payable from collateral sources.
Proposed law (R.S. 9:2800.25) provides that the plaintiff is not entitled to any amount that
duplicates, replaces, or eliminates benefits from sources other than the tortfeasor or tortfeasor's
insurer.
Proposed law provides that the plaintiff is entitled to only the out-of-pocket expenses actually
incurred.
Proposed law provides that collateral sources include contractual write-offs and negotiated
reductions or discounts, health insurance, Worker's Compensation, and national and state-sponsored
benefits.
Proposed law provides that any benefit received from collateral sources shall be disclosed to the trier
of fact.
Proposed law provides that future costs and expenses shall be reduced or eliminated in accordance
with proposed law.
Proposed law provides that the provisions of proposed law are not applicable to plaintiffs who self-
fund.
(Amends C.E. Art. 409; Adds R.S. 9:2800.25)