EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 268
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
1395S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 490.715 and 537.058, RSMo, and to enact in lieu thereof four new sections
relating to civil procedure.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 490.715 and 537.058, RSMo, are 1
repealed and four new sections enacted in lieu thereof, to be 2
known as sections 490.715, 537.058, 537.092, and 537.870, to 3
read as follows:4
490.715. 1. No evidence of collateral sources, or 1
payments rendered under subsection 2 of this section, shall 2
be admissible other than such evidence provided for in this 3
section. 4
2. If prior to trial a defendant or his or her insurer 5
or authorized representative, or any combination of them, 6
pays all or any part of a plaintiff's special damages, then 7
any portion of a plaintiff's claims for special damages that 8
are satisfied by a payment from a defendant or the 9
defendant's insurer or authorized representative, or any 10
combination of them, are not recoverable from that defendant. 11
3. If such payments described in subsection 2 of this 12
section are included in a plaintiff's claim for special 13
damages at trial, the defe ndant who made the payment, or on 14
whose behalf the payment was made, shall be entitled to 15
deduct and receive a credit for such payments from any 16
judgment as provided for in section 490.710. 17 SB 268 2
4. This section does not require the exclusion of 18
evidence admissible for another proper purpose. 19
5. (1) Except as provided in subsection 2 of this 20
section, [parties] in any action where a plaintiff seeks to 21
recover for personal injury, bodily injury, or death, any 22
party may introduce evidence of the actual cost of the 23
medical care or treatment rendered to a plaintiff , or [a 24
patient whose care is at issue ] to the person for whose 25
injury or death a plaintiff seeks to recover . Actual cost 26
of the medical care or treatment shall be reasonable, 27
necessary, and a proximate result of the negligence or fault 28
of any party. 29
(2) No party shall introduce evidence of the amount 30
billed for medical care or treatment rendered to a plaintiff 31
or a patient whose care is at issue in a plaintiff's case if 32
the amount billed has been discounted pursuant to any 33
contract, price reduction, or write -off by any person or 34
entity or satisfied by payment of an amount less than the 35
amount billed for that medical care or treatment. 36
6. The actual cost of medical c are or treatment 37
rendered to a plaintiff or a patient whose care is at issue 38
in a plaintiff's case and discounts pursuant to any 39
contract, price reduction, or write -off shall be admissible 40
evidence relevant to the potential cost of future treatment 41
of the same type or kind to that plaintiff or patient whose 42
care is at issue in a plaintiff's case. 43
7. For purposes of this [subsection] section, the 44
phrase "actual cost of the medical care or treatment" shall 45
be defined as a sum of money not to exc eed the dollar 46
amounts paid by or on behalf of a plaintiff , or a patient 47
whose care is at issue in a plaintiff's case, plus any 48
remaining dollar amount necessary to satisfy the financial 49 SB 268 3
obligation, including valid outstanding liens, for medical 50
care or treatment by a health care provider after adjustment 51
for any contractual discounts, price reduction, or write -off 52
by any person or entity. 53
537.058. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Extracontractual damages", any amount of damage 3
that exceeds the total available limit of liability 4
insurance for all of a liability insurer's liability 5
insurance policies applicable to a claim for personal 6
injury, bodily injury, or wrongful death; 7
(2) "[Time-limited] Settlement demand", any offer to 8
settle any claim for personal injury, bodily injury, or 9
wrongful death made by or on behalf of a claimant to a tort - 10
feasor with a liability insurance policy for purposes of 11
settling a claim against such tor t-feasor within the 12
insurer's limit of liability insurance [, which by its terms 13
must be accepted within a specified period of time ]; 14
(3) "Tort-feasor", any person claimed to have caused 15
or contributed to cause personal injury, bodily injury, or 16
wrongful death to a claimant. 17
2. [A time-limited] In any action alleging 18
extracontractual damages against the tort -feasor's liability 19
insurer, any prior settlement demand to settle any claim for 20
personal injury, bodily injury, or wrongful death sha ll not 21
be considered to have been a reasonable opportunity to 22
settle the claim unless the settlement demand was in 23
writing, [shall reference] referenced this section, [shall 24
be] sent by certified mail with return-receipt requested to 25
the tort-feasor's liability insurer, remained open for 26
acceptance by the liability insurer for at least ninety days 27
from the date such settlement demand was received by the 28 SB 268 4
liability insurer, and [shall contain] contained the 29
following material terms: 30
(1) The time period within which the offer shall 31
remain open for acceptance by the tort -feasor's liability 32
insurer, [which shall not be less ] if the time period for 33
acceptance is more than ninety days from the date such 34
demand is received by the liability insurer ; 35
(2) The amount of monetary payment requested or a 36
request for the applicable policy limits; 37
(3) The date and location of the loss; 38
(4) The claim number, if known; 39
(5) A description of all known injuries sustained by 40
the claimant; 41
(6) The party or parties to be released if such [time- 42
limited] settlement demand is accepted; 43
(7) A description of the claims to be released if such 44
[time-limited] settlement demand is accepted; and 45
(8) An offer of unconditional relea se for the 46
liability insurer's insureds from all present and future 47
liability for that occurrence under section 537.060. 48
3. Such [time-limited] settlement demand shall be 49
accompanied by: 50
(1) A list of the names and addresses of health care 51
providers who provided treatment to or evaluation of the 52
claimant or decedent for injuries suffered from the date of 53
injury until the date of the [time-limited] settlement 54
demand, and HIPAA compliant written authorizations 55
sufficient to allow the liabi lity insurer to obtain such 56
records from the health care providers listed; and 57
(2) A list of the names and addresses of all the 58
claimant's employers at the time the claimant was first 59
injured until the date of the [time-limited] settlement 60 SB 268 5
demand, and written authorizations sufficient to allow the 61
liability insurer to obtain such records from all employers 62
listed, if the claimant asserts a loss of wages, earnings, 63
compensation, or profits however denominated. 64
4. If a liability insurer wit h the right to settle on 65
behalf of an insured receives a [time-limited] settlement 66
demand, such insurer may accept the [time-limited] 67
settlement demand by providing written acceptance of the 68
material terms outlined in subsection 2 of this section, 69
delivered or postmarked to the claimant or the claimant's 70
representative within the time period [set in the time- 71
limited demand] in which the settlement demand is open for 72
acceptance by the liability insurer, which in no event shall 73
be less than ninety da ys. 74
5. Nothing in this section shall prohibit a claimant 75
making a [time-limited] settlement demand from requiring 76
payment within a specified period; provided, however, that 77
such period for payment shall not be less than ten days 78
after the insurer's receipt of a fully executed 79
unconditional release under section 537.060 as specified in 80
subsection 2 of this section. 81
6. Nothing in this section applies to offers or 82
demands or [time-limited] settlement demands issued within 83
ninety days of the trial by jury of any claim on which a 84
lawsuit has been filed. 85
7. In any lawsuit filed by a claimant as an assignee 86
of the tort-feasor or by the tort -feasor for the benefit of 87
the claimant, a [time-limited] settlement demand that does 88
not comply with the terms of this section shall not be 89
considered as a reasonable opportunity to settle for the 90
insurer and shall not be admissible in any lawsuit alleging 91 SB 268 6
extracontractual damages against the tort -feasor's liability 92
insurer. 93
537.092. Notwithstanding any provision of law to the 1
contrary, in any civil action in which the trier of fact is 2
a jury, neither a party nor the attorneys of a party shall 3
seek or make reference to a specific dollar amount or state 4
a range for the jury to consider with respect to awards for 5
noneconomic damages, as that term is defined in section 6
538.205. 7
537.870. 1. Within thirty days of filing a civil 1
action involving a latent injury or disease or a claim for 2
medical monitoring, the claimant shall file a sworn 3
information form specifying the evidence that provides the 4
basis for each claim against each defendant. The sworn 5
information form shall include the following with 6
specificity: 7
(1) The claimant's name, date of bi rth, marital 8
status, occupation, smoking history, current and past 9
residences, current and past worksites, current and past 10
employers, and if applicable, the name of any individual 11
through whom the claimant alleges exposure to the product or 12
substance that forms a basis for the civil action; 13
(2) The name and address of each individual who is 14
knowledgeable about the exposures or events that form a 15
basis for the civil action and the individual's relationship 16
to the claimant; 17
(3) The manufacturer or seller and specific brand and 18
trade name of each product or substance that forms a basis 19
for the civil action; 20
(4) Each site, including the address of each site, and 21
the specific location at each site where any exposure or 22
event occurred that form a basis for the civil action; 23 SB 268 7
(5) The beginning and ending dates of each exposure or 24
event that form a basis for the civil action and the 25
specific manner, frequency, and duration of each exposure or 26
event that form a basis for the civi l action; 27
(6) The specific disease or injury that is alleged; and 28
(7) A certification that all supporting documentation 29
relating to the information required by this section has 30
been provided to the parties. 31
2. A claimant shall supplemen t the information 32
required by this section when the claimant receives 33
information that is required to be disclosed or becomes 34
aware that a prior disclosure was inaccurate or incomplete. 35
3. Discovery shall not commence against a defendant 36
until the defendant's product, substance, or premises is 37
specifically identified in the disclosures required by this 38
section. 39
4. The court, on motion by a defendant, shall dismiss 40
the civil action without prejudice as to any defendant whose 41
product, substance, or premises is not specifically 42
identified in the disclosures required by this section. 43
5. The court, on motion by a defendant, shall dismiss 44
the civil action without prejudice as to the moving 45
defendant or as to all defendants, as applicab le, if the 46
claimant fails to comply in whole or in part with the 47
provisions of this section. 48