H 1553

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    CS/HB 1553  2026
1A bill to be entitled
2An act relating to admissibility of evidence in civil
3cases; amending s. 768.0427, F.S.; revising provisions
4relating to evidence that is admissible to demonstrate
5past and future medical expenses in personal injury
6and wrongful death actions; providing construction;
7providing an effective date.
8
9    Be It Enacted by the Legislature of the State of Florida:
10
11Section 1.  Subsection (2) of section 768.0427, Florida
12Statutes, is amended to read:
13768.0427  Admissibility of evidence to prove or rebut
14medical expenses in personal injury or wrongful death actions;
15disclosure of letters of protection; recovery of past and future
16medical expenses damages.—
17(2)     ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE
18EXPENSES.—Evidence offered to prove or rebut the amount of
19damages for past or future medical treatment or services in a
20personal injury or wrongful death action shall be is admissible
21as follows: provided in this subsection.
22(a)     Evidence offered to prove the amount of damages for
23past medical treatment or services that have been satisfied is
24limited to evidence of the amount actually paid, regardless of
25the source of payment.
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26(b)      Evidence any party may offer offered to prove or rebut
27    the amount necessary to satisfy unpaid charges for incurred
28    medical treatment or services shall include, but is not limited
29    to, the following: evidence as provided in this paragraph.
301.      If the claimant has health care coverage other than
31    Medicare or Medicaid, evidence of the amount which such health
32    care coverage is obligated to pay the health care provider to
33    satisfy the charges for the claimant's incurred medical
34    treatment or services, plus the claimant's share of medical
35    expenses under the insurance contract or regulation.
362.      If the claimant has health care coverage but obtains
37    treatment under a letter of protection or otherwise does not
38    submit charges for any health care provider's medical treatment
39    or services to health care coverage, evidence of the amount the
40    claimant's health care coverage would pay the health care
41    provider to satisfy the past unpaid medical charges under the
42    insurance contract or regulation, plus the claimant's share of
43    medical expenses under the insurance contract or regulation, had
44    the claimant obtained medical services or treatment pursuant to
45    the health care coverage.
463.      If the claimant does not have health care coverage or
47    has health care coverage through Medicare or Medicaid, evidence
48    of 120 percent of the Medicare reimbursement rate in effect on
49    the date of the claimant's incurred medical treatment or
50    services, or, if there is no applicable Medicare rate for a
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51    service, 170 percent of the applicable state Medicaid rate.
524.      If the claimant obtains medical treatment or services
53    under a letter of protection and the health care provider
54    subsequently transfers the right to receive payment under the
55    letter of protection to a third party, evidence of the amount
56    the third party paid or agreed to pay the health care provider
57    in exchange for the right to receive payment pursuant to the
58    letter of protection.
595.      Any evidence of reasonable amounts billed to the
60    claimant for medically necessary treatment or medically
61    necessary services provided to the claimant.
62(c)      Evidence any party may offer offered to prove or rebut
63    the amount of damages for any future medical treatment or
64    services the claimant will receive shall include, but is not
65    limited to, the following: evidence as provided in this
66    paragraph.
671.      If the claimant has health care coverage other than
68    Medicare or Medicaid, or is eligible for any such health care
69    coverage, evidence of the amount for which the future charges of
70    health care providers could be satisfied if submitted to such
71    health care coverage, plus the claimant's share of medical
72    expenses under the insurance contract or regulation.
732.      If the claimant does not have health care coverage or
74    has health care coverage through Medicare or Medicaid, or is
75    eligible for such health care coverage, evidence of 120 percent
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76    of the Medicare reimbursement rate in effect at the time of
77    trial for the medical treatment or services the claimant will
78    receive, or, if there is no applicable Medicare rate for a
79    service, 170 percent of the applicable state Medicaid rate.
803.      Any evidence of reasonable future amounts to be billed
81    to the claimant for medically necessary treatment or medically
82    necessary services.
83(d)      This subsection does not impose an affirmative duty
84    upon any party to seek a reduction in billed charges to which
85    the party is not contractually entitled or to offer any specific
86    evidence made admissible by this subsection.
87(e)      Individual contracts between providers and authorized
88    commercial insurers or authorized health maintenance
89    organizations are not subject to discovery or disclosure and are
90    not admissible into evidence.
91Section 2.  The amendments made by this act to s.
92    768.0427(2), Florida Statutes, are intended to clarify existing
93    law.
94Section 3.  This act shall take effect upon becoming a law.
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