Bill > S0930

This bill, titled "Calculating Medical Expenses for Damage Awards," aims to change how medical expenses are calculated in civil lawsuits in South Carolina. It defines terms like "health insurance" (which includes various third-party payers and government programs), "health care provider" (licensed medical professionals and entities), and "letter of protection" (an agreement where a healthcare provider is paid from a lawsuit's outcome). The bill places the burden on the plaintiff, the person suing, to prove the actual amount of their damages related to healthcare treatment or services, limiting these damages to the reasonable value of medically necessary care. To prove these damages, plaintiffs must present evidence of the amounts charged or expected to be charged, and importantly, if they have health insurance, they must show the amounts actually paid or covered by that insurance, even if it hasn't been used yet. If the plaintiff lacks insurance, the bill sets specific limits on what can be claimed, based on agreed-upon amounts, Medicare rates, or Medicaid rates. For cases involving a "letter of protection," plaintiffs must disclose the agreement, all itemized billings, details if the debt was sold to a third party, whether they had insurance at the time, and who referred them for treatment, with referrals by attorneys being explicitly disclosable and relevant to potential bias. A key provision states that this bill intends to override the common law "collateral source rule," which generally prevents defendants from introducing evidence that a plaintiff's losses were covered by other sources like insurance, to the extent necessary to introduce the evidence described in this act, though courts can still provide instructions to prevent jury confusion.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=0930&session=126&summary=B