Senate File 2359 - Introduced SENATE FILE 2359 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3135) A BILL FOR An Act relating to medical expenses, including evidence offered 1 to prove past medical expenses and recoverable damages for 2 medical expenses. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6323SV (2) 88 ja/jh

S.F. 2359 Section 1. NEW SECTION . 622.4 Medical expenses. 1 Evidence offered to prove past medical expenses shall be 2 limited to evidence of the amounts actually paid to satisfy 3 the bills that have been satisfied, regardless of the source 4 of payment, and evidence of the amounts actually necessary 5 to satisfy the bills that have been incurred but not yet 6 satisfied. Evidence of the amounts actually necessary to 7 satisfy the bills that have been incurred shall not exceed 8 the amount by which the bills could be satisfied by the 9 claimant’s health insurance, regardless of whether such health 10 insurance is used or will be used to satisfy the bills. This 11 section does not impose upon any party an affirmative duty to 12 seek a reduction in billed charges to which the party is not 13 contractually entitled. 14 Sec. 2. NEW SECTION . 668.14A Recoverable damages for 15 medical expenses. 16 1. In an action brought to recover damages for personal 17 injury, the damages that may be recovered by a claimant for the 18 reasonable and necessary cost or value of medical care rendered 19 shall not exceed the sum of the amounts actually paid by or 20 on behalf of the injured person to the health care providers 21 who rendered treatment and any amounts actually necessary to 22 satisfy the medical care charges that have been incurred but 23 not yet satisfied. 24 2. This section does not apply to actions governed by 25 section 147.136. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to medical expenses, including evidence 30 offered to prove past medical expenses and recoverable damages 31 for medical expenses. 32 The bill provides that evidence offered to prove such 33 expenses shall be limited to evidence of the amounts that were 34 actually paid to satisfy medical bills that have been satisfied 35 -1- LSB 6323SV (2) 88 ja/jh 1/ 2

S.F. 2359 and evidence of the amounts necessary to satisfy medical bills 1 that have not yet been satisfied. The bill additionally 2 provides that evidence of the amounts actually necessary to 3 satisfy medical bills that have been incurred shall not exceed 4 the amount by which the medical bills could be satisfied 5 by the claimant’s health insurance, regardless of whether 6 such health insurance is used or will be used to satisfy the 7 medical bills. The bill does not impose an affirmative duty 8 to seek a reduction in billed charges to which the party is not 9 contractually entitled. 10 The bill limits the damages that may be recovered in a 11 personal injury action. The bill provides the damages that may 12 be recovered by a claimant for the reasonable and necessary 13 cost of medical care rendered shall not exceed the sum of the 14 amounts actually paid by or on behalf of the injured person 15 to the health care providers who rendered treatment and any 16 amounts necessary to satisfy the medical care charges that 17 have been incurred but not yet satisfied. The bill provides 18 that this limitation does not apply to those actions governed 19 by Code section 147.136, which applies to malpractice actions 20 against certain medical professionals and hospitals. 21 -2- LSB 6323SV (2) 88 ja/jh 2/ 2