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 440 Original 2025 Regular Session Henry
Abstract: Requires an insured claimant to first file a medical claim with his personal medical
coverage provider and authorizes the provider's subrogation for the claim.
Present law prohibits insurers of automobile liability insurance policies from limiting the time period
during which an insured is entitled to payment or reimbursement for medical expenses as a result
of injuries caused by a covered accident. Present law applies when a policy provides coverage for
medical payments and the insured's injuries are diagnosed within 1 year of the accident and reported
to the insurer within 3 years of the accident.
Proposed law retains present law and provides that if a person sustains a medical injury, disease, or
sickness covered by an automobile liability insurance policy and the person has private health
insurance or Medicare or Medicaid coverage, the person is required to first file a medical claim with
his private health insurer or Medicare or Medicaid provider.
Proposed law authorizes the person's private health insurer or Medicare or Medicaid provider to
subsequently subrogate against the automobile liability insurer.
Proposed law provides that a claimant's failure to use available health insurance to pay for medical
expenses for injury or damages creates a rebuttable presumption that the claimant failed to mitigate
damages.
Proposed law authorizes a claimant to rebut the presumption through evidence showing that the
claimant's failure to utilize health insurance was reasonable under certain circumstances.
Proposed law provides that a party alleging that the claimant failed to mitigate damages with use of
health insurance has the burden of providing evidence to support the presumption of the claimant's
failure to mitigate.
Proposed law provides that if the claimant does not refute the presumption, the trier of fact may
reduce the claimant's damage award by an amount equal to what the claimant's available health
insurance would have covered for medical expenses related to the injury or damages in question.
Further provides that the reduction applies only to medical expenses for which the claimant did not
utilize available health insurance. Requires the trier of fact to determine the appropriate reduction
based on the evidence presented regarding the claimant’s insurance coverage in application with
proposed law. Proposed law does not apply to cases brought for claims pertaining to medical malpractice (R.S.
40:1231.1 et seq.) or malpractice liability for state services (R.S. 40:1237.1 et seq). and provides
only for prospective application.
Effective January 1, 2026.
(Amends R.S. 22:1891)