SLS 25RS-289 ORIGINAL
2025 Regular Session
SENATE BILL NO. 108
BY SENATOR MILLER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL PROCEDURE. Provides for recoverable medical expenses, limitation upon jury trials
and admissibility of evidence in civil actions. (8/1/25)
1 AN ACT
2 To amend and reenact R.S. 9:2800.27(B), (F) and (G) and Code of Civil Procedure Arts.
3 1732 and 1733(A)(2)(a), and to enact Civil Code Art. 2315.12, relative to civil
4 actions; to provide relative to trial procedure and admissibility of evidence; to
5 provide relative to collateral sources; to provide relative to limitations on award of
6 medical expenses; to provide relative to recoverable medical expenses; to provide
7 relative to automobile liability insurance coverage; to provide relative to discovery;
8 to provide relative to certain presumptions; to provide for exceptions; to provide
9 relative to limitation upon jury trials; to provide relative to delictual and quasi-
10 delictual actions; to provide relative to the jury trial threshold; to provide relative to
11 cash deposits for jury trials; to provide for prospective application; and to provide
12 for related matters.
13 Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 9:2800.27(B), (F) and (G) are hereby amended and reenacted to read
15 as follows:
16 ยง2800.27. Recoverable past medical expenses; collateral sources; limitations;
17 evidence
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SLS 25RS-289 ORIGINAL
1 * * *
2 B. In cases where a claimant's medical expenses have been paid, in whole or
3 in part, by a health insurance issuer or Medicare to a contracted medical provider,
4 the claimant's recovery of medical expenses is limited to the amount actually paid
5 to the contracted medical provider by the health insurance issuer or Medicare, and
6 any applicable cost sharing amounts paid or owed by the claimant, and not the
7 amount billed. The court shall award to the claimant forty thirty percent of the
8 difference between the amount billed and the amount actually paid to the contracted
9 medical provider by a health insurance issuer or Medicare in consideration of the
10 claimant's cost of procurement, provided that this amount shall be reduced if the
11 defendant proves that the recovery of the cost of procurement would make the award
12 unreasonable. The determination of this award shall be made only in accordance with
13 the provisions of Subsection F of this Section.
14 * * *
15 F. In a jury trial, only after a jury verdict is rendered may the court receive
16 evidence related to the limitations of recoverable past medical expenses provided by
17 Subsection B or D of this Section. The jury shall be informed only of the amount
18 billed by a medical provider for medical treatment. Whether any person, health
19 insurance issuer, or Medicare has paid or has agreed to pay, in whole or in part, any
20 of a claimant's medical expenses, shall not be disclosed to the jury, but shall be
21 discoverable before trial subject to the Code of Civil Procedure and Code of
22 Evidence. In trial to the court alone, the court may consider such evidence.
23 G. This Section shall not apply in cases brought pursuant to R.S. 40:1231.1
24 et seq., or 1237.1 et seq., or medical payments coverage provided through a
25 policy of automobile liability insurance.
26 Section 2. Code of Civil Procedure Arts. 1732 and 1733(A)(2)(a) are hereby
27 amended and reenacted to read as follows:
28 Art. 1732. Limitation upon jury trials
29 A trial by jury shall not be available in:
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SLS 25RS-289 ORIGINAL
1 (1) A suit where the amount of no individual petitioner's cause of action
2 exceeds ten thousand dollars exclusive of interest and costs, except as follows:
3 (a) If an individual petitioner stipulates or otherwise judicially admits sixty
4 days or more prior to trial that the amount of the individual petitioner's cause of
5 action does not exceed ten thousand dollars exclusive of interest and costs, a
6 defendant shall not be entitled to a trial by jury.
7 (b) If an individual petitioner stipulates or otherwise judicially admits for the
8 first time less than sixty days prior to trial that the amount of the individual
9 petitioner's cause of action does not exceed ten thousand dollars exclusive of interest
10 and costs, any other party may retain the right to a trial by jury if that party is entitled
11 to a trial by jury pursuant to this Article and has otherwise complied with the
12 procedural requirements for obtaining a trial by jury.
13 (c) Notwithstanding Subsubparagraphs (a) and (b) of this Subparagraph, if,
14 as a result of a compromise or dismissal of one or more claims or parties which
15 occurs less than sixty days prior to trial, an individual petitioner stipulates or
16 otherwise judicially admits that the amount of the individual petitioner's cause of
17 action does not exceed ten thousand dollars exclusive of interest and costs, a
18 defendant shall not be entitled to a trial by jury.
19 (2)(a)(1)(a) A suit commenced in a parish or city court, wherein the
20 individual petitioner stipulates or otherwise judicially admits that the amount of the
21 individual petitioner's cause of action does not exceed the amount in dispute to which
22 the jurisdiction of the court is limited by Articles 4842 and 4843, exclusive of
23 interest, penalties, attorney fees, and costs.
24 (b) The provisions of this Subparagraph shall not apply to delictual or quasi-
25 delictual actions, which shall be governed by the provisions of Subparagraph (1) of
26 this Article.
27 (3)(2) A suit on an unconditional obligation to pay a specific sum of money,
28 unless the defense thereto is forgery, fraud, error, want, or failure of consideration.
29 (4)(3) A summary, executory, probate, partition, mandamus, habeas corpus,
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SLS 25RS-289 ORIGINAL
1 quo warranto, injunction, concursus, workers' compensation, emancipation,
2 tutorship, interdiction, curatorship, filiation, annulment of marriage, or divorce
3 proceeding.
4 (5)(4) A proceeding to determine custody, visitation, alimony, or child
5 support.
6 (6)(5) A proceeding to review an action by an administrative or municipal
7 body.
8 (7)(6) All cases where a jury trial is specifically denied by law.
9 Art. 1733. Demand for jury trial; bond for costs
10 A. * * *
11 (2)(a) In a suit for damages arising from a delictual or quasi-delictual action
12 where an individual petitioner stipulates or otherwise judicially admits that his cause
13 of action exceeds ten thousand dollars and is less than fifty thousand dollars, a party
14 may obtain a trial by jury by filing a pleading demanding a trial by jury and
15 providing a cash deposit of five four thousand dollars no later than sixty days after
16 filing the request for a trial by jury. Failure to post the cash deposit as required by
17 this Subparagraph shall constitute a waiver of the trial by jury. This cash deposit
18 shall be subject to Article 1734.1(E).
19 * * *
20 Section 3. Civil Code Art. 2315.12 is hereby enacted to read as follows:
21 Art. 2315.12. Presumption of causation of injuries
22 The lack of a prior history of an illness, injury, or condition shall not
23 create a presumption that an illness, injury, or condition was caused by the act
24 that is the subject of the claim for personal injury. The provisions of this Article
25 shall not apply to personal injury claims brought pursuant to the Louisiana
26 Workers' Compensation Law.
27 Section 4. The provisions of this Act shall have prospective application only and
28 shall not apply to causes of action filed prior to the effective date of this Act.
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SLS 25RS-289 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 108 Original 2025 Regular Session Miller
Present law (R.S. 9:2800.27) provides that recoverable past medical expenses of a claimant
whose medical expenses were paid by certain collateral sources is limited to the amount
actually paid (and any applicable cost sharing amounts paid or owed by the claimant), and
not the amount billed.
Present law defines "contracted medical provider"; "cost of procurement"; "cost sharing";
"health insurance issuer"; and "medical provider".
Present law (R.S. 9:2800.27(B)) provides that in cases where a claimant's medical expenses
have been paid, in whole or in part, by a health insurance issuer or Medicare to a contracted
medical provider, the claimant's recovery of medical expenses is limited to the amount
actually paid to the contracted medical provider by the health insurance issuer or Medicare,
and any applicable cost sharing amounts paid or owed by the claimant, and not the amount
billed.
Present law further provides that the court shall award to the claimant 40% of the difference
between the amount billed and the amount actually paid to the contracted medical provider
by a health insurance issuer or Medicare in consideration of the claimant's cost of
procurement, provided that this amount shall be reduced if the defendant proves that the
recovery of the cost of procurement would make the award unreasonable.
Proposed law retains present law, but reduces the portion the court shall award to the
claimant of the difference between the amount billed and the amount actually paid to the
contracted medical provider by a health insurance issuer or Medicare, from 40% to 30%.
Present law (R.S. 9:2800.27(F)) provides that in a jury trial, only after a jury verdict is
rendered may the court receive evidence related to the limitations of recoverable past
medical expenses provided by present law.
Present law provides that the jury shall be informed only of the amount billed by a medical
provider for medical treatment. Present law further provides that whether any person, health
insurance issuer, or Medicare has paid or has agreed to pay, in whole or in part, any of a
claimant's medical expenses, shall not be disclosed to the jury. Provides that in trial to the
court alone, the court may consider such evidence.
Proposed law retains present law, but adds that information regarding whether any person,
health insurance issuer, or Medicare has paid or has agreed to pay, in whole or in part, any
of a claimant's medical expenses shall be discoverable before trial subject to the Code of
Civil Procedure and Code of Evidence.
Present law (R.S. 9:2800.27(G)) provides that present law shall not apply in cases brought
pursuant to R.S. 40:1231.1 et seq., or 1237.1 et seq.
Proposed law retains present law and adds that proposed law shall not apply in cases brought
pursuant to R.S. 40:1231.1 et seq., 1237.1 et seq. or medical payments coverage provided
through a policy of automobile liability insurance.
Present law (C.C.P. Art. 1732) provides that a trial by jury shall not be available in:
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SLS 25RS-289 ORIGINAL
(1)A suit where the amount of no individual petitioner's cause of action exceeds
$10,000 exclusive of interest and costs, except as follows:
(a)If an individual petitioner stipulates or otherwise judicially admits 60 days
or more prior to trial that the amount of the individual petitioner's cause of
action does not exceed $10,000 exclusive of interest and costs, a defendant
shall not be entitled to a trial by jury.
(b)If an individual petitioner stipulates or otherwise judicially admits for the
first time less than 60 days prior to trial that the amount of the individual
petitioner's cause of action does not exceed $10,000 exclusive of interest and
costs, any other party may retain the right to a trial by jury if that party is
entitled to a trial by jury pursuant to present law and has otherwise complied
with the procedural requirements for obtaining a trial by jury.
(c)If, as a result of a compromise or dismissal of one or more claims or parties
which occurs less than 60 days prior to trial, an individual petitioner
stipulates or otherwise judicially admits that the amount of the individual
petitioner's cause of action does not exceed $10,000 exclusive of interest and
costs, a defendant shall not be entitled to a trial by jury.
(2)(a)A suit commenced in a parish or city court, wherein the individual petitioner
stipulates or otherwise judicially admits that the amount of the individual
petitioner's cause of action does not exceed the amount in dispute to which
the jurisdiction of the court is limited by present law, exclusive of interest,
penalties, attorney fees, and costs.
(b)Present law shall not apply to delictual or quasi-delictual actions, which shall
be governed by the present law.
(3)A suit on an unconditional obligation to pay a specific sum of money, unless the
defense thereto is forgery, fraud, error, want, or failure of consideration.
(4)A summary, executory, probate, partition, mandamus, habeas corpus, quo warranto,
injunction, concursus, workers' compensation, emancipation, tutorship, interdiction,
curatorship, filiation, annulment of marriage, or divorce proceeding.
(5)A proceeding to determine custody, visitation, alimony, or child support.
(6)A proceeding to review an action by an administrative or municipal body.
(7)All cases where a jury trial is specifically denied by law.
Proposed law provides that a trial by jury shall not be available in:
(1)(a)A suit commenced in a parish or city court, wherein the individual petitioner
stipulates or otherwise judicially admits that the amount of the individual
petitioner's cause of action does not exceed the amount in dispute to which
the jurisdiction of the court is limited by present law, exclusive of interest,
penalties, attorney fees, and costs.
(b)Proposed law shall not apply to delictual or quasi-delictual actions.
(2)A suit on an unconditional obligation to pay a specific sum of money, unless the
defense thereto is forgery, fraud, error, want, or failure of consideration.
(3)A summary, executory, probate, partition, mandamus, habeas corpus, quo warranto,
injunction, concursus, workers' compensation, emancipation, tutorship, interdiction,
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SLS 25RS-289 ORIGINAL
curatorship, filiation, annulment of marriage, or divorce proceeding.
(4)A proceeding to determine custody, visitation, alimony, or child support.
(5)A proceeding to review an action by an administrative or municipal body.
(6)All cases where a jury trial is specifically denied by law.
Present law provides that in a suit for damages arising from a delictual or quasi-delictual
action where an individual petitioner stipulates or otherwise judicially admits that his cause
of action exceeds $10,000 and is less than $50,000, a party may obtain a trial by jury by
filing a pleading demanding a trial by jury and providing a cash deposit of $5,000 no later
than 60 days after filing the request for a trial by jury.
Proposed law retains present law but removes the $10,000 limitation upon jury trials, and
changes the cash deposit from $5,000 to $4,000.
Proposed law (C.C. Art. 2315.2) provides that the lack of a prior history of an illness, injury,
or condition shall not create a presumption that an illness, injury, or condition was caused
by the act that is the subject of the claim for a personal injury. Proposed law further provides
that proposed law shall not apply to personal injury claims brought pursuant to the Louisiana
Workers' Compensation Law.
Proposed law provides that proposed law shall have prospective application only and shall
not apply to causes of action filed prior to the effective date of proposed law.
Effective August 1, 2025.
(Amends R.S. 9:2800:27(B), (F) and (G) and C.C.P. Arts. 1732 and 1733(A)(2)(a); adds
C.C. Art. 2315.12)
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