CIVIL/PROCEDURE: Provides relative to recoverable medical expenses

HLS 26RS-1411 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 1002
BY REPRESENTATIVES CARLSON, BOYER, CHENEVERT, AND MELERINE
CIVIL/PROCEDURE: Provides relative to recoverable medical expenses
1 AN ACT
2 To enact R.S. 9:2800.27(I) through (K), relative to collateral source; to provide relative to
3 treatment under a letter of protection; to provide relative to reasonable expenses; to
4 provide relative to admissible evidence; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 9:2800.27 (I) through (K) are hereby enacted to read as follows:
7 §2800.27. Recoverable past medical expenses; collateral sources; limitations;
8 evidence
9 * * *
10 I.(1) If a claimant obtains medical treatment under a letter of protection or
11 does not submit charges to a health insurance issuer for medical treatment, the
12 evidence shall be limited to the amount the claimant's health insurance issuer would
13 have paid the healthcare provider to satisfy the past unpaid medical charges, plus the
14 claimant's share of medical expenses, had the claimant obtained medical treatment
15 under the claimant's health insurance coverage.
16 (2) If the claimant obtains medical treatment or services under a letter of
17 protection and the healthcare provider subsequently transfers the right to receive
18 payment under the letter of protection to a third party, the claimant's recovery shall
19 be limited to the amount the third party agreed to pay and evidence shall be limited
20 to the amount paid.
21 J.(1) A claimant shall make reasonable efforts to mitigate damages and the
22 recovery of medical expenses shall be limited to the reasonable expenses related to
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1411 ORIGINAL
HB NO. 1002
1 the claim. At trial, any party may introduce expert testimony to establish or refute
2 the reasonableness of medical expenses sought to be recovered by the claimant.
3 (2) All charges for the claimant's medical and healthcare expenses shall be
4 itemized and coded according to generally accepted medical billing practices to the
5 extent applicable.
6 K. Nothing in this Section limits the right of a claimant or defendant to
7 present evidence or testimony challenging the reasonableness of medical and
8 healthcare expenses, whether incurred or projected future expenses, or the medical
9 necessity of any treatment.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1002 Original 2026 Regular Session Carlson
Abstract: Provides relative to recoverable medical expenses and admissibility of evidence.
Proposed law (R.S. 9:2800.27(I)(1)) limits evidence when a claimant obtains medical
treatment under a letter of protection or does not submit charges to a health insurance issuer.
Requires that evidence be limited to the amount the claimant's health insurance issuer would
have paid to satisfy the past unpaid medical charges, plus the claimant's share of medical
expenses, had the claimant obtained medical treatment under his health insurance coverage.
Proposed law (R.S. 9:2800.27(I)(2)) provides that if the claimant obtains medical treatment
under a letter of protection and the healthcare provider transfers the right to payment to a
third party, the claimant's recovery is limited to the amount the third party agreed to pay.
Further requires that evidence be limited to the amount paid.
Proposed law (R.S. 9:2800.27(J)(1)) requires a claimant to make reasonable efforts to
mitigate damages and further provides that the recovery of medical expenses is limited to
the reasonable expenses related to the claim.
Proposed law authorizes any party to introduce expert testimony at trial to establish or refute
the reasonableness of medical expenses sought to be recovered by the claimant.
Proposed law (R.S. 9:2800.27(J)(2)) requires all charges for the claimant's medical and
healthcare expenses to be itemized and coded according to generally accepted medical
billing practices to the extent possible.
Proposed law does not limit the right of a claimant or defendant to present evidence or
testimony challenging the reasonableness of medical and healthcare expenses, whether
incurred or projected future expenses, or the medical necessity of any treatment.
(Adds R.S. 9:2800.27(I)-(K))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.