SLS 20RS-562 ORIGINAL
2020 Regular Session
SENATE BILL NO. 408
BY SENATOR TALBOT
LIABILITY. Provides relative to medical expenses paid in workers' compensation claims.
(8/1/20)
1 AN ACT
2 To enact R.S. 9:2800.25, relative to compensation for medical expenses incurred; to provide
3 for medical expenses recoverable as damages in civil litigation; to provide for
4 limitations in the amount of damages recoverable; to provide for applicability to
5 workers' compensation claims; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2800.25 is hereby enacted to read as follows:
8 ยง2800.25. Recoverable medical expenses; workers' compensation; collateral
9 sources; limitations
10 A.(1) In cases where a plaintiff's medical expenses are paid pursuant to
11 the Workers' Compensation Law as provided in R.S. 23:1020.1 et seq., a
12 plaintiff's recovery of medical expenses is limited to the amount payable under
13 the medical payments reimbursement schedule of the Workers' Compensation
14 Law.
15 (2) If a plaintiff chooses not to submit medical expenses for payment
16 pursuant to the Workers' Compensation Law, and the medical expenses were
17 eligible for payment under the Workers' Compensation Law, then the plaintiff's
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 408
SLS 20RS-562 ORIGINAL
1 recovery of damages for medical expenses is limited to the amount that would
2 have been payable had the medical expenses been submitted for payment under
3 the provisions of the Workers' Compensation Law.
4 B. In an action for damages where a person suffers injury, death, or loss,
5 the court may receive evidence concerning any amount which has been paid or
6 contributed as of the date it enters judgment, by or on behalf of, the claimant
7 or members of his immediate family to secure his right to any private insurance
8 benefit which he has received as a result of such injury or death.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Yoursheka George.
DIGEST
SB 408 Original 2020 Regular Session Talbot
Present law provides for a reimbursement schedule in the La. Workers' Compensation Law
for drugs, supplies, hospital care and services, medical care and surgical treatment, and any
nonmedical treatment recognized by law.
Proposed law provides that payment for medical expenses is limited to the amount payable
under the reimbursement schedule provided in present law, 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 under the schedule.
Effective August 1, 2020.
(Adds R.S. 9:2800.25)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.