Bill Text: MO HB2106 | 2010 | Regular Session | Introduced

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Bill Title: Changes the requirements for the admissibility of evidence regarding the value of medical treatment provided when introducing evidence for admissibility in a court proceeding for overdue medical services

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-14 - Referred: Judiciary (H) [HB2106 Detail]

Download: Missouri-2010-HB2106-Introduced.html

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SECOND REGULAR SESSION

HOUSE BILL NO. 2106

95TH GENERAL ASSEMBLY

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INTRODUCED BY REPRESENTATIVE FLOOK.

4775L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

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AN ACT

To repeal section 490.715, RSMo, and to enact in lieu thereof one new section relating to the admissibility of medical treatment evidence.

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Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Section 490.715, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 490.715, to read as follows:

            490.715. 1. No evidence of collateral sources shall be admissible other than such evidence provided for in this section.

            2. If prior to trial a defendant or his or her insurer or authorized representative, or any combination of them, pays all or any part of a plaintiff's special damages, the defendant may introduce evidence that some other person other than the plaintiff has paid those amounts. The evidence shall not identify any person having made such payments.

            3. If a defendant introduces evidence described in subsection 2 of this section, such introduction shall constitute a waiver of any right to a credit against a judgment pursuant to section 490.710.

            4. [This section does not require the exclusion of evidence admissible for another proper purpose.

            5.] (1) Parties may introduce evidence of the [value] cost of the medical treatment rendered to a party that was reasonable, necessary, and a proximate result of the negligence of any party.

            (2) In determining the [value] cost of the medical treatment rendered, there shall be a rebuttable presumption that the [dollar amount necessary to satisfy the financial obligation to the health care provider] value of the original amount charged for medical services provided by a health care provider, which is the amount that was charged for the services prior to any payments or reductions received from a collateral source, represents the value of the medical treatment rendered. Upon motion of [any party] the defendant prior to trial, the court may conduct a hearing to determine[, outside the hearing of the jury, the value of the medical treatment rendered based upon additional evidence, including but not limited to:

            (a) The medical bills incurred by a party;

            (b) The amount actually paid for medical treatment rendered to a party;

            (c) The amount or estimate of the amount of medical bills not paid which such party is obligated to pay to any entity in the event of a recovery.

 

Notwithstanding the foregoing,] the original amount charged for such services prior to any payments, collateral source payments, or discounts. No evidence of collateral sources shall be made known to the jury in presenting the evidence at trial of the value of the medical treatment rendered.

            5. This section does not require the exclusion of evidence admissible for another proper purpose.

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