The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 266 Original 2020 Regular Session Talbot
Proposed law provides that reductions in medical bills based upon the write-offs or write-downs by
insurance companies or Medicare are not collateral sources and are not recoverable as damages in
civil litigation.
Proposed law provides that when a plaintiff's medical expenses have been paid by a health insurance
company or Medicare, plaintiff's recovery of medical expenses is limited to the amount actually paid
to the healthcare provider by the insurer or Medicare, and not the amount billed.
Proposed law provides that if the plaintiff pays the medical expenses directly to the healthcare
provider when health insurance is available, recovery is limited to the amount that would have been
paid by the insurer or Medicare.
Proposed law provides that payment for medical expenses is limited to the amount payable pursuant
to the fee schedule of the present law Workers' Compensation Law when that present law is
applicable, and provides that if the plaintiff pays those expenses directly to the healthcare provider,
the plaintiff's recovery for medical expenses is limited to the amount that would have been paid
pursuant to the Workers' Compensation Law fee schedule.
Proposed law provides that in an action for damages where a person suffers injury, death, or loss,
the court may receive evidence concerning any amount which has been paid or contributed as of the
date it enters judgment, by or on behalf of, the claimant or members of his immediate family to
secure his right to any private insurance benefit which he has received as a result of such injury or
death.
Effective August 1, 2020.
(Adds R.S. 9:2800.25)