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CS/HB 1553 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to admissibility of evidence in civil 2
cases; amending s. 768.0427, F.S.; revising provisions 3
relating to evidence that is admissible to demonstrate 4
past and future medical expenses in personal injury 5
and wrongful death actions; providing construction; 6
providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Subsection (2) of section 768.0427, Florida 11
Statutes, is amended to read: 12
768.0427 Admissibility of evidence to prove or rebut 13
medical expenses in personal injury or wrongful death actions; 14
disclosure of letters of protection; recovery of past and future 15
medical expenses damages.— 16
(2) ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE 17
EXPENSES.—Evidence offered to prove or rebut the amount of 18
damages for past or future medical treatment or services in a 19
personal injury or wrongful death action shall be is admissible 20
as follows: provided in this subsection. 21
(a) Evidence offered to prove the amount of damages for 22
past medical treatment or services that have been satisfied is 23
limited to evidence of the amount actually paid, regardless of 24
the source of payment. 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) Evidence any party may offer offered to prove or rebut 26
the amount necessary to satisfy unpaid charges for incurred 27
medical treatment or services shall include, but is not limited 28
to, the following: evidence as provided in this paragraph. 29
1. If the claimant has health care coverage other than 30
Medicare or Medicaid, evidence of the amount which such health 31
care coverage is obligated to pay the health care provider to 32
satisfy the charges for the claimant's incurred medical 33
treatment or services, plus the claimant's share of medical 34
expenses under the insurance contract or regulation. 35
2. If the claimant has health care coverage but obtains 36
treatment under a letter of protection or otherwise does not 37
submit charges for any health care provider's medical treatment 38
or services to health care coverage, evidence of the amount the 39
claimant's health care coverage would pay the health care 40
provider to satisfy the past unpaid medical charges under the 41
insurance contract or regulation, plus the claimant's share of 42
medical expenses under the insurance contract or regulation, had 43
the claimant obtained medical services or treatment pursuant to 44
the health care coverage. 45
3. If the claimant does not have health care coverage or 46
has health care coverage through Medicare or Medicaid, evidence 47
of 120 percent of the Medicare reimbursement rate in effect on 48
the date of the claimant's incurred medical treatment or 49
services, or, if there is no applicable Medicare rate for a 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
service, 170 percent of the applicable state Medicaid rate. 51
4. If the claimant obtains medical treatment or services 52
under a letter of protection and the health care provider 53
subsequently transfers the right to receive payment under the 54
letter of protection to a third party, evidence of the amount 55
the third party paid or agreed to pay the health care provider 56
in exchange for the right to receive payment pursuant to the 57
letter of protection. 58
5. Any evidence of reasonable amounts billed to the 59
claimant for medically necessary treatment or medically 60
necessary services provided to the claimant. 61
(c) Evidence any party may offer offered to prove or rebut 62
the amount of damages for any future medical treatment or 63
services the claimant will receive shall include, but is not 64
limited to, the following: evidence as provided in this 65
paragraph. 66
1. If the claimant has health care coverage other than 67
Medicare or Medicaid, or is eligible for any such health care 68
coverage, evidence of the amount for which the future charges of 69
health care providers could be satisfied if submitted to such 70
health care coverage, plus the claimant's share of medical 71
expenses under the insurance contract or regulation. 72
2. If the claimant does not have health care coverage or 73
has health care coverage through Medicare or Medicaid, or is 74
eligible for such health care coverage, evidence of 120 percent 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of the Medicare reimbursement rate in effect at the time of 76
trial for the medical treatment or services the claimant will 77
receive, or, if there is no applicable Medicare rate for a 78
service, 170 percent of the applicable state Medicaid rate. 79
3. Any evidence of reasonable future amounts to be billed 80
to the claimant for medically necessary treatment or medically 81
necessary services. 82
(d) This subsection does not impose an affirmative duty 83
upon any party to seek a reduction in billed charges to which 84
the party is not contractually entitled or to offer any specific 85
evidence made admissible by this subsection. 86
(e) Individual contracts between providers and authorized 87
commercial insurers or authorized health maintenance 88
organizations are not subject to discovery or disclosure and are 89
not admissible into evidence. 90
Section 2. The amendments made by this act to s. 91
768.0427(2), Florida Statutes, are intended to clarify existing 92
law. 93
Section 3. This act shall take effect upon becoming a law. 94