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SENATE FLOOR VERSION - SB2166 SFLR Page 1
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SENATE FLOOR VERSION
February 24, 2026
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2166 By: Daniels
An Act relating to damages; amending 12 O.S. 2021,
Section 3009.1, which relates to personal injury
suits; defining terms; prohibiting certain damages
exceeding a certain amount; authorizing certain
evidence to establish damages; requiring disclosure
of certain documents; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 3009.1, is
amended to read as follows:
Section 3009.1. A. As used in this section:
1. “Factoring company” means any person or entity that
purchases a health care provider’s accounts receivable at a discount
below the invoice value of such accounts;
2. “Health plan” means any medical care insurance, health care
insurance, health benefit plan, employer-provided health care plan
or medical insurance, workers’ compensation insurance, Medicaid,
Medicare, other public or government-sponsored health care insurance
or benefit program, or other similar source available to pay for
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services provided to the injured person at the time or after the
medical services or treatment were provided;
3. “Health care provider” includes hospitals, institutions,
laboratories, pharmacies, doctors, physicians, optometrists,
chiropractors, dentists, nurses, pharmacists, therapists, and any
other medical or health care facility, professionals, or persons who
diagnose, evaluate, treat, or otherwise deliver medical services or
treatment to a plaintiff;
4. “Letter of protection” means any arrangement by which a
health care provider renders treatment in exchange for a promise of
payment for the plaintiff’s expenses for medical services or
treatment from any judgment or settlement of a personal injury or
wrongful death action. The term includes any such arrangement,
regardless of whether referred to as a letter of protection; and
5. “Medical services or treatment” means any actions taken by a
health care provider to observe, identify, diagnose, stabilize,
address, ameliorate, correct, remedy, rehabilitate, manage, combat,
or care for a plaintiff’s injury, condition, disease, or disorder,
or symptoms of a plaintiff’s injury, condition, disease, or
disorder. The term includes any equipment, facilities, medicines,
drugs, prescriptions, devices, or products provided or applied to a
plaintiff by a health care provider or consumed by a plaintiff at a
health care provider’s direction.
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B. Upon the trial of any civil action arising from personal
injury, the actual amounts paid for any services in the treatment of
the injured party, including doctor bills, hospital bills, ambulance
service bills, drug and other prescription bills, and similar bills
shall be the amounts admissible at trial, not the amounts billed for
such expenses incurred in the treatment of the party. If, in
addition to evidence of payment, a party submits a signed statement
acknowledged by the medical provider or an authorized representative
or sworn testimony that the provider will accept the amount paid as
full payment of the obligations, the statement or testimony shall be
admitted into evidence. The statement or testimony shall be part of
the record as an exhibit but need not be shown to the jury. If a
medical provider has filed a lien in the case for an amount in
excess of the amount paid, then the bills in excess of the amount
paid, but not more than the amount of the lien, shall be admissible.
B. C. If no payment has been made, the Medicare reimbursement
rates in effect when the personal injury occurred, not the amounts
billed, shall be admissible if, in addition to evidence of
nonpayment, a party submits a signed statement acknowledged by the
medical provider or an authorized representative or sworn testimony
that the provider will accept payment at the Medicare reimbursement
rate less cost of recovery as provided in Medicare regulations as
full payment of the obligation. The statement or testimony shall be
admitted into evidence and shall be part of the record as an exhibit
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but need not be shown to the jury. If a medical provider has filed
a lien in the case for an amount in excess of the Medicare rate,
then the bills in excess of the amount of the Medicare rate, but not
more than the amount of the lien, shall be admissible.
C. D. If no bills have been paid, or no statement acknowledged
by the medical provider or sworn testimony as provided in
subsections A and B of this section is provided to the opposing
party and listed as an exhibit by the final pretrial hearing, then
the amount billed shall be admissible at trial subject to the
limitations regarding any lien filed in the case.
E. Except as provided in subsection F of this section, in an
action to recover damages resulting from injury or death, damages
that may be recovered for the reasonable value of any necessary
medical services or treatment may not exceed amounts actually paid
by or on behalf of the plaintiff to health care providers who
rendered medical services or treatment, actually necessary to
satisfy charges for medical services or treatment that are due and
owing to health care providers but at the time of trial are not yet
satisfied, and actually necessary to provide medical treatment or
services the plaintiff will need in the future.
F. Evidence to establish the reasonable value of past or future
medical services or treatment in any action to recover damages
resulting from injury or death is admissible as provided in this
section.
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1. Evidence offered to prove the amount of damages for past
medical treatment or services that have been satisfied is limited to
the evidence described in subsection B of this section.
2. Evidence offered to prove the amount necessary to satisfy
unpaid charges for incurred medical services or treatment shall
include, but not be limited to:
a. if the plaintiff is covered by a health plan, evidence
of the amount that such health plan is obligated to
pay the health care provider to satisfy the charges
for the plaintiff’s incurred medical services or
treatment, plus the plaintiff’s share of medical
expenses under the health plan,
b. if the plaintiff is covered by a health plan but
obtains treatment under a letter of protection or
otherwise does not submit to the health plan for
payment any charges for any health care provider’s
medical services or treatment, evidence of the amount
the plaintiff’s health plan would pay the health care
provider to satisfy the past unpaid medical charges,
plus the plaintiff’s share of medical expenses under
the health plan, had the plaintiff submitted the
health care provider’s charges to the health plan for
payment,
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c. if the plaintiff obtains medical services or treatment
under a letter of protection and the health care
provider subsequently transfers the right to receive
payment under the letter of protection to a third
party, evidence of the amount the third party paid or
agreed to pay the health care provider in exchange for
the right to receive payment pursuant to the letter of
protection,
d. any evidence of reasonable amounts billed to the
plaintiff for necessary medical services or treatment
provided to the plaintiff, and
e. any evidence authorized by subsection B, C, or D of
this section, to the extent applicable to the
plaintiff’s circumstances.
3. Evidence offered to prove the amount of damages for any
future medical services or treatment the plaintiff will receive
shall include, but not be limited to:
a. if the plaintiff is covered by a health plan or is
eligible for any such medical care plan, evidence of
the amount for which the future charges of health care
providers could be satisfied if submitted to such
health plan, plus the plaintiff’s share of medical
expenses under the health plan, and
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b. any evidence of reasonable future amounts to be billed
to the plaintiff for necessary medical services or
treatment that will be provided to the plaintiff.
G. In any action to recover damages resulting from injury or
death, when asserting any claim for damages for medical services or
treatment rendered under a letter of protection, the plaintiff shall
disclose to the other parties to the action:
1. A copy of the letter of protection;
2. All charges for the plaintiff’s medical expenses, which
shall be itemized and, to the extent applicable, coded according to
generally accepted medical billing practices;
3. If the health care provider sells the accounts receivable
for the plaintiff’s medical expenses to a factoring company or other
third party, the name of the factoring company or other third party
that purchased such accounts and the dollar amount for which the
factoring company or other third party purchased such accounts,
including any discount provided below the invoice amount;
4. Whether the plaintiff, at the time medical services or
treatment was rendered, had coverage pursuant to a health plan and,
if so, the identity of such health plan; and
5. Whether the plaintiff was referred for treatment under a
letter of protection and, if so, the identity of the person who made
the referral. If the referral is made by the plaintiff’s attorney,
disclosure of the referral is permitted and not protected by any
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privilege, and evidence of such referral is admissible. In such
situation, the financial relationship between a law firm and a
medical provider, including the number of referrals, frequency, and
financial benefit obtained, is relevant to the issue of the bias of
a testifying medical provider.
D. H. This section shall apply to civil actions arising from
personal injury filed on or after November 1, 2015.
SECTION 2. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 24, 2026 - DO PASS AS AMENDED BY CS