S 1558

Florida Senate - 2026  SB 1558
By Senator Massullo
11-01570A-26  20261558__
1A bill to be entitled
2An act relating to admissible evidence in personal
3injury or wrongful death actions; amending s.
4768.0427, F.S.; providing that evidence admissible in
5personal injury or wrongful death actions may be used
6for rebutting, as well as for proving, the amount of
7certain damages; providing that such evidence may be
8offered by any party; revising construction; providing
9applicability and legislative intent; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14Section 1. Subsection (2) of section 768.0427, Florida
15Statutes, is amended to read:
16768.0427 Admissibility of evidence to prove medical
17expenses in personal injury or wrongful death actions;
18disclosure of letters of protection; recovery of past and future
19medical expenses damages.—
20(2) ADMISSIBLE EVIDENCE OF MEDICAL TREATMENT OR SERVICE
21EXPENSES.—Evidence offered to prove or rebut the amount of
22damages for past or future medical treatment or services in a
23personal injury or wrongful death action is admissible as
24follows: [provided in this subsection.]
25(a) Evidence offered to prove the amount of damages for
26past medical treatment or services that have been satisfied is
27limited to evidence of the amount actually paid, regardless of
28the source of payment.
29(b) Evidence any party may offer [offered] to prove or rebut
30the amount necessary to satisfy unpaid charges for incurred
31medical treatment or services includes [shall include], but is not
32limited to, evidence as provided in this paragraph.
331. If the claimant has health care coverage other than
34Medicare or Medicaid, evidence of the amount [which] such health
35care coverage is obligated to pay the health care provider to
36satisfy the charges for the claimant’s incurred medical
37treatment or services, plus the claimant’s share of medical
38expenses under the insurance contract or regulation.
392. If the claimant has health care coverage but obtains
40treatment under a letter of protection or otherwise does not
41submit charges for any health care provider’s medical treatment
42or services to health care coverage, evidence of the amount the
43claimant’s health care coverage would pay the health care
44provider to satisfy the past unpaid medical charges under the
45insurance contract or regulation, plus the claimant’s share of
46medical expenses under the insurance contract or regulation, had
47the claimant obtained medical services or treatment pursuant to
48the health care coverage.
493. If the claimant does not have health care coverage or
50has health care coverage through Medicare or Medicaid, evidence
51of 120 percent of the Medicare reimbursement rate in effect on
52the date of the claimant’s incurred medical treatment or
53services, or, if there is no applicable Medicare rate for a
54service, 170 percent of the applicable state Medicaid rate.
554. If the claimant obtains medical treatment or services
56under a letter of protection and the health care provider
57subsequently transfers the right to receive payment under the
58letter of protection to a third party, evidence of the amount
59the third party paid or agreed to pay the health care provider
60in exchange for the right to receive payment pursuant to the
61letter of protection.
625. Any evidence of reasonable amounts billed to the
63claimant for medically necessary treatment or medically
64necessary services provided to the claimant.
65(c) Evidence any party may offer [offered] to prove or rebut
66the amount of damages for any future medical treatment or
67services the claimant will receive includes [shall include], but
68is not limited to, evidence as provided in this paragraph.
691. If the claimant has health care coverage other than
70Medicare or Medicaid, or is eligible for any such health care
71coverage, evidence of the amount for which the future charges of
72health care providers could be satisfied if submitted to such
73health care coverage, plus the claimant’s share of medical
74expenses under the insurance contract or regulation.
752. If the claimant does not have health care coverage or
76has health care coverage through Medicare or Medicaid, or is
77eligible for such health care coverage, evidence of 120 percent
78of the Medicare reimbursement rate in effect at the time of
79trial for the medical treatment or services the claimant will
80receive, or, if there is no applicable Medicare rate for a
81service, 170 percent of the applicable state Medicaid rate.
823. Any evidence of reasonable future amounts to be billed
83to the claimant for medically necessary treatment or medically
84necessary services.
85(d) This subsection does not impose an affirmative duty
86upon any party to offer any specific evidence made admissible by
87this subsection or to seek a reduction in billed charges to
88which the party is not contractually entitled.
89(e) Individual contracts between providers and authorized
90commercial insurers or authorized health maintenance
91organizations are not subject to discovery or disclosure and are
92not admissible into evidence.
93Section 2. The amendments made by this act to s.
94768.0427(2), Florida Statutes, apply to all causes of action to
95which that subsection applies and are intended to clarify and
96not materially alter that subsection.
97Section 3. This act shall take effect July 1, 2026.