Louisiana 2020 Regular Session

Louisiana House Bill HB552

Introduced
2/28/20  
Introduced
2/28/20  
Refer
2/28/20  
Refer
3/9/20  

Caption

Provides relative to liberative prescription

Impact

The impact of HB552 on state laws primarily revolves around its provisions regarding the timeframe for filing delictual actions and the restrictions on medical expense recoveries. By standardizing the prescriptive period to two years, the bill streamlines the legal processes associated with personal injury claims. The provision limiting the recovery of medical expenses could reduce the amount claimants receive, potentially influencing the decisions of individuals contemplating legal action, particularly in personal injury scenarios.

Summary

House Bill 552 aims to amend existing laws concerning delictual actions by establishing a uniform two-year prescriptive period for claims. The bill specifically limits the recovery of medical or healthcare expenses to the actual amounts paid or incurred by the claimant. This change is significant as it replaces the prior one-year prescriptive period with a more extended two-year limit, while retaining existing exceptions for certain cases, such as those involving permanent disabilities.

Sentiment

The sentiment surrounding HB552 appears mixed, with proponents likely viewing the bill as a necessary reform for balancing the interests of the healthcare system and those pursuing claims. Opponents may express concern that limiting the recovery of medical expenses could undermine the ability of injured parties to obtain full compensation for their costs, particularly in cases involving significant medical needs. This dichotomy indicates that discussions around the bill may involve considerable debate over the implications for claimants and the healthcare system alike.

Contention

Notable points of contention regarding HB552 include the proposed repeal of the one-year prescriptive period and the new limitations on recovery of medical expenses. Critics might argue that while a two-year period may benefit some claimants, it could also lead to inequities, particularly for those who require time to assess the extent of their injuries and associated medical costs. Furthermore, the implications of limiting recoveries strictly to documented expenses could disadvantage individuals facing high medical bills or ongoing treatments due to their injuries.

Companion Bills

No companion bills found.

Previously Filed As

LA HB282

Provides for a liberative prescriptive period of two years

LA SB154

Provides relative to certain civil liability damages and prescription. (8/1/19)

LA HB556

Provides a three-year liberative prescriptive period for actions arising from cases of rape

LA HB109

Provides relative to prescription of delictual actions

LA SB418

Enacts the Omnibus Premium Reduction Act of 2020. (1/1/21) (RE1 SEE FISC NOTE SG EX See Note)

LA HB92

Provides relative to the prescriptive period for delictual actions

LA SB130

Provides for liberative prescription. (gov sig)

LA HB9

Enacts the Omnibus Premium Reduction Act of 2020 (EG SEE FISC NOTE SG EX See Note)

LA HB372

Enacts the Omnibus Premium Reduction Act of 2019 (RE INCREASE GF EX See Note)

LA HB767

Extends the prescriptive period in tort actions from one year to two years

Similar Bills

CA AB2789

Health care practitioners: prescriptions: electronic data transmission.

CA AB852

Health care practitioners: electronic prescriptions.

CA AB149

Controlled substances: prescriptions.

TX SB594

Relating to the regulation of prescriptions for controlled substances, including certain procedures applicable to electronic prescriptions for Schedule II controlled substances.

TX HB2246

Relating to certain procedures applicable to electronic prescriptions for Schedule II controlled substances.

TX HB2766

Relating to electronic and other controlled substance prescriptions under the Texas Controlled Substances Act; authorizing a fee.