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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 2612 By: Harris
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38	38	AS INTRODUCED
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40	40	An Act relating to civil procedure; amending 12 O.S.
41	41	2021, Section 3009.1, which relates to medical bills;
42	42	limiting admissibility of cert ain evidence; providing
43	43	admissibility for certain evidence in civil actions
44	44	arising from personal injury; limiting admissible
45	45	evidence for certain future treatment of injured
46	46	party; providing reimbursement rate in certain
47	47	circumstances; setting date for ap plication to
48	48	certain civil actions; providing for codification;
49	49	and providing an effective date.
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54	54	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	55	SECTION 1. AMENDATORY 12 O.S. 2021, Section 3009.1, is
56	56	amended to read as follows:
57	57	Section 3009.1. A. Upon the trial of any civil action arising
58	58	from personal injury, the actual amounts paid for any services in
59	59	the treatment of the injured party, including doctor bills, hospital
60	60	bills, ambulance service bills, drug and o ther prescription bills,
61	61	and similar bills shall be the amounts admissible at trial, not the
62	62	amounts billed for such expenses incurred in the treatment of the
63	63	party. If, in addition to evidence of payment, a party submits a
64	64	signed statement acknowledged b y the medical provider or an
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91	91	authorized representative or sworn testimony that the provider will
92	92	accept the amount paid as full payment of the obligations, the
93	93	statement or testimony shall be admitted into evidence. The
94	94	statement or testimony shall be par t of the record as an exhibit but
95	95	need not be shown to the jury. If a medical provider has filed a
96	96	lien in the case for an amount in excess of the amount paid, then
97	97	the bills in excess of the amount paid, but not more than the amount
98	98	of the lien, shall be admissible.
99	99	B. If no payment has been made, the Medicare reimbursement
100	100	rates in effect when the personal injury occurred, not the amounts
101	101	billed, shall be admissible if, in addition to evidence of
102	102	nonpayment, a party submits a signed statement acknowledg ed by the
103	103	medical provider or an authorized representative or sworn testimony
104	104	that the provider will accept payment at the Medicare reimbursement
105	105	rate less cost of recovery as provided in Medicare regulations as
106	106	full payment of the obligation. The stateme nt or testimony shall be
107	107	admitted into evidence and shall be part of the record as an exhibit
108	108	but need not be shown to the jury. If a medical provider has filed
109	109	a lien in the case for an amount in excess of the Medicare rate,
110	110	then the bills in excess of t he amount of the Medicare rate, but not
111	111	more than the amount of the lien, shal l be admissible.
112	112	C. If no bills have been paid, or no statement acknowledged by
113	113	the medical provider or sworn testimony as provided in subsections A
114	114	and B of this section is pro vided to the opposing party and listed
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141	141	as an exhibit by the final pretrial hearing, then the amount billed
142	142	shall evidence to establish the reasonable value of the treatment
143	143	provided to the injured party that shall be admissible at trial
144	144	subject to the limitations regarding any lien filed in the case is
145	145	limited to the amounts actuall y necessary to satisfy the financial
146	146	obligation for medical services or treatment rendered to the
147	147	plaintiff that have been incurred but not yet satisfied. This
148	148	evidence may not include any reference to sums that exceed the
149	149	amount of which the unpaid charges could be satisfied if submitted
150	150	to any health insurance covering the plaintiff or any public or
151	151	government-sponsored health care benefit program for which the
152	152	injured party is eligible, regardless of whether the incurred but
153	153	not yet satisfied charges ha ve been or will be submitted to the
154	154	injured party's health insurance or public or government -sponsored
155	155	health care benefit program .
156	156	D. This section shall apply to civil actions arising from
157	157	personal injury filed on or after November 1, 2015.
158	158	SECTION 2. NEW LAW A new section of law to be codified
159	159	in the Oklahoma Statutes as Section 3009.2 of Title 12, unless there
160	160	is created a duplication in numbering, read s as follows:
161	161	A. Upon the trial of any civil action arising from personal
162	162	injury, evidence admissible to establish the reasonable value of any
163	163	necessary future treatment of the injured party not yet incurred,
164	164	including doctor or other health care provider bills, attendant care
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191	191	bills, hospital bills, ambulance service bills, drug and other
192	192	prescription or medical equipment bills, bills for materials needed
193	193	in providing medical care and treatment for the party, and similar
194	194	bills shall be the amounts actually necessary to satisfy the
195	195	financial obligation for such treatment. This evide nce may not
196	196	include any reference to sums that exceed the amount for which the
197	197	financial obligation for future treatment of the injured party not
198	198	yet incurred could be satisfied if submitted to any health insurance
199	199	covering the injured party or any public or government -sponsored
200	200	health care benefit program for which the injured party is eligible.
201	201	B. If, at the time of trial, the reimbursement rate allowed by
202	202	any health insurance covering the injured party or any public or
203	203	government-sponsored health care b enefit program for which the
204	204	injured party is eligible cannot be determined for any aspect of
205	205	necessary future treatment of the injured party not yet incurred,
206	206	then the Medicare reimbursement rates in effect at the time of the
207	207	trial shall be the only amounts admissible at trial to establish the
208	208	reasonable value of any such necessary future treatment.
209	209	C. If, at the time of trial, the injured party is not covered
210	210	by any health insurance and is not eligible for coverage under any
211	211	private, public, or governmen t-sponsored health care benefit
212	212	program, the Medicare reimbursement rates in effect at the time of
213	213	the trial shall be the only amounts admissible at trial to establish
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240	240	the reasonable value of any necessary future treatment of the
241	241	injured party not yet incurred.
242	242	D. This section shall apply to civil actions arising from
243	243	personal injury filed on or after November 1, 2025.
244	244	SECTION 3. This act shall become effective N ovember 1, 2025.
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246	246	60-1-11343 AQH 12/31/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2612 Compare Versions