Collateral source rule and payments rendered prior to trial, admissibility of evidence
When someone gets hurt and sues, this law sets rules about what money counts for their medical bills. The amount a person can claim for medical costs is limited to what was actually paid — after any discounts or write-offs from insurance deals — plus any leftover amount still owed to the doctor or hospital. If the person who caused the harm already paid some of those costs before trial, the injured person cannot collect that same money again from that defendant.
490.715. and payments rendered prior to trial, of — effect on — evidence of actual cost of medical care or treatment permitted. — 1. No evidence of collateral sources, or payments rendered under 2 of this section, shall be other than such evidence provided for in this section.
2. If prior to trial a or his or her or , or any combination of them, pays all or any part of a 's special damages, then any portion of a plaintiff's for special damages that are satisfied by a payment from a defendant or the defendant's insurer or authorized representative, or any combination of them, are not recoverable from that defendant.
3. If such payments described in subsection 2 of this section are included in a plaintiff's for special damages at trial, the defendant who made the payment, or on whose behalf the payment was made, shall be entitled to deduct and receive a for such payments from any as provided for in section 490.710.
4. This section does not require the exclusion of evidence admissible for another proper purpose.
5. (1) Except as provided in subsection 2 of this section, parties may introduce evidence of the actual cost of the medical care or treatment rendered to a plaintiff or a patient whose care is at . Actual cost of the medical care or treatment shall be reasonable, necessary, and a of the or of any .
(2) For purposes of this subsection, the phrase "actual cost of the medical care or treatment" shall be defined as a sum of money not to exceed the dollar amounts paid by or on behalf of a plaintiff or a patient whose care is at issue plus any remaining dollar amount necessary to satisfy the financial for medical care or treatment by a after adjustment for any contractual discounts, price reduction, or by any person or .
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Source & history notes
(L. 1987 H.B. 700 § 38, A.L. 2005 H.B. 393, A.L. 2017 S.B. 31) Applicability of statute changes to cases filed after August 28, 2005, 538.305
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