Calculating Medical Expenses for Damage Awards

2025-2026 Bill 930: Calculating Medical Expenses for Damage Awards - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 930
STATUS INFORMATION
General Bill
Sponsors: Senators Massey, Davis, Blackmon, Turner, Climer, Zell, Verdin, Gambrell, Cromer, Bennett, Grooms, Williams and Ott
Document Path: SR-0518KM26.docx
Introduced in the Senate on February 17, 2026
Currently residing in the Senate
Summary: Calculating Medical Expenses for Damage Awards
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/17/2026

Senate

Introduced and read first time (
Senate Journal-page 4
)

2/17/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 4
)

2/18/2026

Scrivener's error corrected

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/17/2026
02/18/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
15-32-710
SO AS TO DEFINE TERMS RELATED TO CALCULATING MEDICAL EXPENSES FOR
DAMAGE AWARDS; BY ADDING SECTION
15-32-720
SO AS TO PROVIDE THAT THE PLAINTIFF
HAS THE BURDEN TO PROVE AMOUNT OF HIS DAMAGES ARISING FROM HEALTHCARE TREATMENT
OR SERVICES; TO PROVIDE FOR THE EVIDENCE ALLOWED TO PROVE THE AMOUNT OF
DAMAGES; TO PROVIDE FOR CERTAIN REQUIRED DISCLOSURES BY THE PLAINTIFF, AND TO
PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS SECTION
ABROGATES THE COMMON LAW COLLATERAL SOURCE RULE TO THE EXTENT NECESSARY TO
INTRODUCE THE EVIDENCE DESCRIBED IN THIS ACT.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
C
hapter 32, Title 15 of the S.C. Code is amended by
adding:

A
rticle 7

C
alculating Medical Expenses for Damage Awards

S
ection
15-32-710
.
F
or the purposes of this article:

(
1)
"Health insurance" means any third-party health or disability insurance,
including but not limited to, arrangements with entities certified or
authorized under federal law or under Chapter 38, state or federal health care
benefit programs, workers compensation, and personal injury protection
policies.

(
2)
"Health care provider" means a physician, surgeon, osteopath, nurse, oral
surgeon, dentist, pharmacist, chiropractor, optometrist, podiatrist, or similar
category of licensed health care provider, including a health care practice,
association, partnership, or other legal entity.

(
3)
"Letter of protection" means any arrangement by which a health care provider
renders treatment or services in exchange for a promise of payment for the
claimant's medical expenses from any judgment or settlement of a civil action.
The term includes any such arrangement, regardless of whether referred to as a
letter of protection.

S
ection
15-32-720
.
(
A) In any civil action
to recover damages for health care treatment or services, the plaintiff has the
burden of proof to offer

evidence to prove the amount of the damages he
claims. Damages for health care treatment or services shall be limited to the
reasonable value of medically necessary care, and the amount of the damages
shall be determined by the trier of fact.

(
B) Evidence
offered to prove the amount of damages for health care

treatment or
services shall include the amounts charged or reasonably expected to be charged
for past, present, or future health care treatment or services and:

(
1)
if the claimant

has any form of public or private health insurance, the
amounts actually necessary to satisfy the charges pursuant to the insurance
contract or applicable coverage, regardless of whether the health insurance has
been used, is used, or will be used to satisfy the charges; or

(
2)
if the claimant

does not have health insurance, the amount the provider
has agreed to accept in satisfaction of the charges or, in the absence of such an
agreement, one hundred twenty percent of the Medicare reimbursement rate in
effect on the date of the plaintiff's incurred health care treatment or
services, or, if there is no applicable Medicare rate for a service, one
hundred seventy percent of the applicable state Medicaid rate.

(
C)
In any claim for health care

expenses for treatment or services

rendered
under a letter of protection, the plaintiff

must disclose:

(
1) a copy of the letter of
protection;

(
2) all billings for the plaintiff's
treatment or services expenses, which must be itemized and, to the extent
applicable, coded according to generally accepted billing practices;

(
3) if the health care provider sells
the accounts receivable for the plaintiff's health care

expenses to a
third party, then:

(
a) the name of the third party who
purchased the accounts; and

(
b) the dollar amount for which the
third party purchased the accounts including, but not limited to, any discount
provided below the invoice amount;

(
4) whether the claimant, at the time
the treatment or services were rendered, had health insurance and, if so, the
identity of insurance carrier and details concerning the coverage provided for
in the insurance policy; and

(
5) whether the claimant

was
referred for treatment or services under a letter of protection and, if so, the
identity of the person who made the referral. If the referral is made by the
claimant's

attorney, disclosure of the referral does not fall within the
attorney-client privilege, is required, and evidence of the referral is
admissible. Under these circumstances, the financial relationship between an
attorney

or law firm and a health care

provider, including the
number of referrals, frequency, and financial benefit obtained, is relevant to
the issue of the bias of a testifying health care

provider.

(
D) Nothing in this section shall be
construed or applied to limit the right of a plaintiff or defendant to present
evidence or testimony, or both, challenging the reasonableness of health care
expenses, whether incurred or projected future expenses, or the medical
necessity of any treatment or service.

(
E) It is the intent of the General
Assembly that this section abrogates the common law collateral source rule to
the extent necessary to introduce the evidence described in this section;
provided however, that nothing in this section shall be construed or applied to
prevent the court from issuing appropriate jury instructions to clarify the
role of collateral source payments and to prevent potential jury confusion
regarding the effect of collateral source payments on the plaintiff's recovery.

S
ECTION 2. The
Code Commissioner is directed to restyle Chapter 32, Title 15 as "Damage
Awards."

S
ECTION 3. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.

S
ECTION 4. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 5. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on February 18, 2026 at 12:47 PM