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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2612 By: Harris
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2021, Section 3009.1, which relates to medical bills;
limiting admissibility of cert ain evidence; providing
admissibility for certain evidence in civil actions
arising from personal injury; limiting admissible
evidence for certain future treatment of injured
party; providing reimbursement rate in certain
circumstances; setting date for ap plication to
certain civil actions; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 3009.1, is
amended to read as follows:
Section 3009.1. A. Upon the trial of any civil action arising
from personal injury, the actual amounts paid for any services in
the treatment of the injured party, including doctor bills, hospital
bills, ambulance service bills, drug and o ther prescription bills,
and similar bills shall be the amounts admissible at trial, not the
amounts billed for such expenses incurred in the treatment of the
party. If, in addition to evidence of payment, a party submits a
signed statement acknowledged b y the medical provider or an
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authorized representative or sworn testimony that the provider will
accept the amount paid as full payment of the obligations, the
statement or testimony shall be admitted into evidence. The
statement or testimony shall be par t of the record as an exhibit but
need not be shown to the jury. If a medical provider has filed a
lien in the case for an amount in excess of the amount paid, then
the bills in excess of the amount paid, but not more than the amount
of the lien, shall be admissible.
B. If no payment has been made, the Medicare reimbursement
rates in effect when the personal injury occurred, not the amounts
billed, shall be admissible if, in addition to evidence of
nonpayment, a party submits a signed statement acknowledg ed by the
medical provider or an authorized representative or sworn testimony
that the provider will accept payment at the Medicare reimbursement
rate less cost of recovery as provided in Medicare regulations as
full payment of the obligation. The stateme nt or testimony shall be
admitted into evidence and shall be part of the record as an exhibit
but need not be shown to the jury. If a medical provider has filed
a lien in the case for an amount in excess of the Medicare rate,
then the bills in excess of t he amount of the Medicare rate, but not
more than the amount of the lien, shal l be admissible.
C. If no bills have been paid, or no statement acknowledged by
the medical provider or sworn testimony as provided in subsections A
and B of this section is pro vided to the opposing party and listed
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as an exhibit by the final pretrial hearing, then the amount billed
shall evidence to establish the reasonable value of the treatment
provided to the injured party that shall be admissible at trial
subject to the limitations regarding any lien filed in the case is
limited to the amounts actuall y necessary to satisfy the financial
obligation for medical services or treatment rendered to the
plaintiff that have been incurred but not yet satisfied. This
evidence may not include any reference to sums that exceed the
amount of which the unpaid charges could be satisfied if submitted
to any health insurance covering the plaintiff or any public or
government-sponsored health care benefit program for which the
injured party is eligible, regardless of whether the incurred but
not yet satisfied charges ha ve been or will be submitted to the
injured party's health insurance or public or government -sponsored
health care benefit program .
D. This section shall apply to civil actions arising from
personal injury filed on or after November 1, 2015.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3009.2 of Title 12, unless there
is created a duplication in numbering, read s as follows:
A. Upon the trial of any civil action arising from personal
injury, evidence admissible to establish the reasonable value of any
necessary future treatment of the injured party not yet incurred,
including doctor or other health care provider bills, attendant care
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bills, hospital bills, ambulance service bills, drug and other
prescription or medical equipment bills, bills for materials needed
in providing medical care and treatment for the party, and similar
bills shall be the amounts actually necessary to satisfy the
financial obligation for such treatment. This evide nce may not
include any reference to sums that exceed the amount for which the
financial obligation for future treatment of the injured party not
yet incurred could be satisfied if submitted to any health insurance
covering the injured party or any public or government -sponsored
health care benefit program for which the injured party is eligible.
B. If, at the time of trial, the reimbursement rate allowed by
any health insurance covering the injured party or any public or
government-sponsored health care b enefit program for which the
injured party is eligible cannot be determined for any aspect of
necessary future treatment of the injured party not yet incurred,
then the Medicare reimbursement rates in effect at the time of the
trial shall be the only amounts admissible at trial to establish the
reasonable value of any such necessary future treatment.
C. If, at the time of trial, the injured party is not covered
by any health insurance and is not eligible for coverage under any
private, public, or governmen t-sponsored health care benefit
program, the Medicare reimbursement rates in effect at the time of
the trial shall be the only amounts admissible at trial to establish
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the reasonable value of any necessary future treatment of the
injured party not yet incurred.
D. This section shall apply to civil actions arising from
personal injury filed on or after November 1, 2025.
SECTION 3. This act shall become effective N ovember 1, 2025.
60-1-11343 AQH 12/31/24