Courts and Judicial Proceedings - Evidence - Rebuttable Presumption of Medical Bills

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0385*

HOUSE BILL 385
D3 6lr1846
CF SB 269
By: Delegates Moon and Buckel
Introduced and read first time: January 21, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Courts and Judicial Proceedings – Evidence – Rebuttable Presumption of 2
Medical Bills 3

FOR the purpose of establishing a rebuttable presumption in certain civil actions that a 4
certain medical bill from a health care provider o r an agent of the health care 5
provider offered as evidence is authentic, fair, and reasonable; establishing that a 6
party may overcome the presumption that a medical bill is authentic, fair, and 7
reasonable by proving, by a preponderance of the evidence, that the medical bill or 8
any charge in a medical bill is not authentic, is unfair, or is unreasonable; and 9
generally relating to medical bills offered as evidence in a civil action. 10

BY repealing and reenacting, without amendments, 11
Article – Courts and Judicial Proceedings 12
Section 10–104(a)(1) and (2) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2025 Supplement) 15

BY adding to 16
Article – Courts and Judicial Proceedings 17
Section 10–104.1 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2025 Supplement) 20

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22

Article – Courts and Judicial Proceedings 23

10–104. 24

(a) (1) In this section the following terms have the meanings indicated. 25
2 HOUSE BILL 385

(2) “Health care provider” means: 1

(i) A health care provider, as defined in § 3–2A–01 of this article; 2

(ii) An ambulatory surgical facility; 3

(iii) An inpatient facility that is organized primarily in the 4
rehabilitation of disabled persons, through an integrated program of medical and other 5
service provided under competent professional supervision; 6

(iv) A home health agency, as defined in § 19 –401 of the Health – 7
General Article; 8

(v) Any health institution, service, or program for which a certificate 9
of need is required under Title 19 of the Health – General Article; or 10

(vi) A person who is: 11

1. Substantially similar to a health care provider described 12
in items (i) through (v) of this paragraph; and 13

2. Regulated by another state to provide health care services. 14

10–104.1. 15

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17

(2) “HEALTH CARE PROVIDER ” HAS THE MEANING STAT ED IN § 18
10–104 OF THIS SUBTITLE. 19

(3) “MEDICAL BILL” MEANS A STATEMENT OF CHARGES, AN INVOICE, 20
OR ANY OTHER DOCUMENT PREPARED BY A HEALTH CARE PROVIDER OR AN AGENT 21
OF A HEA LTH CARE PROVIDER THAT IDENTIFIES THE COSTS OF HEALTH CARE 22
SERVICES PROVIDED TO AN INDIVIDUAL. 23

(B) (1) IN AN ACTION FOR PERSONAL INJURY OR WRONGFUL D EATH, 24
THERE IS A REBUTTABLE PRESUMPTION THAT: 25

(I) A MEDICAL BILL PROPERL Y PROVIDED IN DISCOVER Y IS 26
AUTHENTIC; AND 27

(II) CHARGES SET FORTH IN A MEDIC AL BILL PROPERLY 28
PROVIDED IN DISCOVERY ARE FAIR AND REASONABLE. 29
HOUSE BILL 385 3

(2) FOR THE PURPOSES OF A DMISSIBILITY, EXPERT TESTIMONY IS 1
NOT REQUIRED TO PROVE THE AUTHENTICITY, FAIRNESS, OR REASONABLENESS OF 2
A MEDICAL BILL DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION. 3

(3) A PARTY MAY OVERCOME THE PRESUMPTION BY PROVING, BY A 4
PREPONDERANCE OF THE EVIDENCE, THAT THE MEDICAL BILL OR ANY CHARGE IN 5
A MEDICAL BILL IS NOT AUTHENTIC, IS UNFAIR, OR IS UNREASONABLE. 6

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2026. 8