Modifies provisions relating to the collateral source rule

SECOND REGULAR SESSION
HOUSE BILL NO. 1646
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE OVERCAST .
4204H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 490.715, RSMo, and to enact in lieu thereof one new section relating to the
collateral source rule.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 490.715, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 490.715, to read as follows:
490.715. 1. No evidence of collateral sources, or payments rendered under
2 subsection 2 of this section, shall be admissible other than such evidence provided for in this
3 section.
4 2. If prior to trial a defendant or his or her insurer or authorized representative, or any
5 combination of them, pays all or any part of a plaintif f's special damages, then any portion of
6 a plaintif f's claims for special damages that are satisfied by a payment from a defendant or the
7 defendant's insurer or authorized representative, or any combination of them, are not
8 recoverable from that defendant.
9 3. If such payments described in subsection 2 of this section are included in a
10 plaintif f's claim for special damages at trial, the defendant who made the payment, or on
11 whose behalf the payment was made, shall be entitled to deduct and receive a credit for such
12 payments from any judgment as provided for in section 490.710.
13 4. This section does not require the exclusion of evidence admissible for another
14 proper purpose.
15 5. (1) Except as provided in subsection 2 of this section, [ parties ] in any action in
16 which a plaintiff seeks to r ecover for personal injury , bodily injury , or death, any party
17 may introduce evidence of the actual cost of the medical care or treatment rendered to a
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 plaintif f or [ a patient whose care is at issue ] to the person for whose injury or death a
19 plaintiff seeks to recove r . Actual cost of the medical care or treatment shall be reasonable,
20 necessary , and a proximate result of the negligence or fault of any party .
21 (2) For purposes of this subsection, the phrase "actual cost of the medical care or
22 treatment" shall be defined as a sum of money not to exceed the dollar amounts paid by or on
23 behalf of a plaintiff , or [ a patient whose care is at issue ] to the person for whose injury or
24 death a plaintiff seeks to r ecover , plus any remaining dollar amount necessary to satisfy the
25 financial obligation , including valid outstanding liens, for medical care or treatment by a
26 health care provider after adjustment for any contractual discounts, price reduction, or write-
27 of f by any person or entity .
28 (3) No party shall introduc e evidence of the amount billed for medical care or
29 tr eatment rende red to a plaintiff or to the person for whose injury or death a plaintiff
30 seeks to r ecover if the amount billed has been discounted pursuant to any contract, price
31 r eduction, or write-off by any person or entity , or satisfied by payment of an amount less
32 than the amount billed for that medical care or trea tment.
33 6. The actual cost of medical car e or tr eatment rend ered to a plaintiff or to the
34 person for whose injury or death a plaintiff seeks to recov er and discounts pursuant to
35 any contract, price reduc tion, or write-off shall be admissible evidence relev ant to the
36 potential cost of futur e tr eatment of the same type or kind to that plaintiff or to the
37 person for whose injury or death a plaintiff seeks to recov er .
✔
HB 1646 2