Senate Study Bill 3028 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to recoverable damages and admissible evidence 1 for medical expenses. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5425XC (2) 90 cm/jh

S.F. _____ Section 1. Section 622.4, Code 2024, is amended to read as 1 follows: 2 622.4 Medical expenses. 3 1. Evidence offered to prove past medical expenses shall 4 be limited to evidence of the amounts actually paid to satisfy 5 the bills that have been satisfied, regardless of the source 6 of payment, and evidence of the amounts actually necessary 7 to satisfy the bills that have been incurred but not yet 8 satisfied. Evidence of the amounts actually necessary to 9 satisfy the bills that have been incurred shall not exceed 10 the amount by which the bills could be satisfied by the 11 claimant’s health insurance, regardless of whether such health 12 insurance is used or will be used to satisfy the bills. This 13 section does not impose upon any party an affirmative duty to 14 seek a reduction in billed charges to which the party is not 15 contractually entitled. 16 2. Evidence offered to prove the value of any reasonable and 17 necessary medical care that the claimant will receive in the 18 future shall be limited to evidence of the amounts for which 19 the charges of the health care providers could be satisfied 20 if submitted to the claimant’s health insurance, regardless 21 of whether such health insurance will be used to satisfy the 22 bills. 23 Sec. 2. Section 668.14A, subsection 1, Code 2024, is amended 24 to read as follows: 25 1. In an action brought to recover damages for personal 26 injury, the damages that may be recovered by a claimant for the 27 reasonable and necessary cost or value of medical care shall 28 not exceed the following: 29 a. For medical care that has already been rendered , shall 30 not exceed the sum of the amounts actually paid by or on behalf 31 of the injured person to the health care providers who rendered 32 treatment and any amounts actually necessary to satisfy the 33 medical care charges that have been incurred but not yet 34 satisfied. 35 -1- LSB 5425XC (2) 90 cm/jh 1/ 2

S.F. _____ b. For any reasonable and necessary medical care that the 1 claimant will receive in the future, the sum of the amounts 2 actually necessary to provide that care to the claimant. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to recoverable damages and admissible 7 evidence for medical expenses in personal injury actions. 8 The bill provides that medical expense shall not exceed the 9 sum of the amounts paid for medical care already rendered and 10 future medical care that the claimant will receive. The bill 11 provides that evidence to prove future medical care shall be 12 calculated by providing the amounts for which the charges of 13 the health care providers could be satisfied if submitted to 14 the claimant’s health insurance, regardless of whether that 15 health insurance will be used. 16 -2- LSB 5425XC (2) 90 cm/jh 2/ 2