SSB 3028 (LSB 5425XC (2) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN)

A BILL FOR

An Act relating to recoverable damages and admissible evidence for medical expenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 622.4, Code 2024, is amended to read as follows:
   622.4  Medical expenses.
   1.  Evidence offered to prove past medical expenses shall be limited to evidence of the amounts actually paid to satisfy the bills that have been satisfied, regardless of the source of payment, and evidence of the amounts actually necessary to satisfy the bills that have been incurred but not yet satisfied. Evidence of the amounts actually necessary to satisfy the bills that have been incurred shall not exceed the amount by which the bills could be satisfied by the claimant’s health insurance, regardless of whether such health insurance is used or will be used to satisfy the bills. This section does not impose upon any party an affirmative duty to seek a reduction in billed charges to which the party is not contractually entitled.
   2.  Evidence offered to prove the value of any reasonable and necessary medical care that the claimant will receive in the future shall be limited to evidence of the amounts for which the charges of the health care providers could be satisfied if submitted to the claimant’s health insurance, regardless of whether such health insurance will be used to satisfy the bills.
    Sec. 2.  Section 668.14A, subsection 1, Code 2024, is amended to read as follows:
   1.  In an action brought to recover damages for personal injury, the damages that may be recovered by a claimant for the reasonable and necessary cost or value of medical care shall not exceed the following: 
   a.  For medical care that has already been rendered, shall not exceed the sum of the amounts actually paid by or on behalf of the injured person to the health care providers who rendered treatment and any amounts actually necessary to satisfy the medical care charges that have been incurred but not yet satisfied.
   b.  For any reasonable and necessary medical care that the claimant will receive in the future, the sum of the amounts actually necessary to provide that care to the claimant.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to recoverable damages and admissible evidence for medical expenses in personal injury actions. 
   The bill provides that medical expense shall not exceed the sum of the amounts paid for medical care already rendered and future medical care that the claimant will receive. The bill provides that evidence to prove future medical care shall be calculated by providing the amounts for which the charges of the health care providers could be satisfied if submitted to the claimant’s health insurance, regardless of whether that health insurance will be used.