The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 120 Original 2022 Regular Session Talbot
Proposed law requires that in a personal injury claim, a healthcare provider offering evidence on the
injuries or required treatment of an injured party submit into evidence the amount of any payment
anticipated or received on behalf of the injured party for services rendered or testimony provided and
the total amount of payments received in the previous four years for testimony provided or services
rendered to a party involved in a personal injury case wherein the healthcare provider testified.
Proposed law further provides that any payment received by an entity in which an individual
healthcare provider has an ownership interest shall be deemed to have been received fully by the
healthcare provider individually.
Proposed law provides that when an injured person makes written demand on another seeking
reimbursement of medical and related expenses incurred due to personal injury, the injured person
shall present all invoices for medical and related expenses received or outstanding on or after the
date demand is made.
Proposed law allows the adverse party to make payment directly to the invoicing medical provider
within 60 days of the receipt of the invoice. If the adverse party does not make payment within 60
days, the injured person may thereafter make payment.
Proposed law further provides that any payment made by the adverse party shall not be an admission
of liability.
Proposed law requires the use of a reversionary medical trust for the payment of future medical and
related expenses in the amount of $50,000 or greater. Proposed law defines "reversionary medical
trust".
Proposed law requires that the liable party establish the trust and the claimant shall submit original
invoices, which the trustee shall review for payment. The trustee shall also prepare vouchers or
warrants and evaluate and settle claims related to the payment of future medical care and related
benefits. The trustee shall have the same fiduciary duties as imposed upon a trustee by the Louisiana
Trust Code.
Proposed law provides that upon the death of the claimant or upon the termination of the trust as
provided in the trust instrument, any funds remaining in the reversionary trust shall revert to the party
that established the trust.
Proposed law does not limit a claimant's ability to contract with respect to attorney fees and costs. Effective August 1, 2022.
(Adds C.E. Art. 607(E), R.S. 9:2800.28, and R.S. 13:4212)