(The Center Square) − A new legislative proposal, House Bill 34, introduced by Rep. Brian Glorioso, R-St. Tammany aims to significantly reshape how medical expenses are recovered in Louisiana court cases.
The bill would repeal several existing restrictions and introduce broader flexibility for claimants seeking compensation for medical costs.
Under current Louisiana law, the recovery of medical expenses is tightly regulated, particularly when expenses are covered by health insurance or Medicare.
Claimants are limited to recovering only the amount actually paid to a “contracted medical provider”—not the often higher amount billed—along with 40% of the difference between the billed and paid amounts to account for the “cost of procurement.”
This percentage can be reduced if a defendant proves the award would be unreasonable. For expenses not covered by Medicare, Medicaid, or insurance, recovery is capped at amounts paid or owed to providers.
HB 34 proposes a dramatic shift by eliminating these restrictions entirely. The bill scraps the definitions of “contracted medical provider,” “cost of procurement,” and “health insurance issuer” from the legal framework. It also repeals provisions that limit recovery to amounts paid and restrict how juries are informed about medical expenses.
Currently, juries are only told the billed amount and are kept in the dark about payments made by insurers or Medicare. The proposed law would end this practice.
In its place, HB 34 allows any party in a trial to present evidence of either the amount billed or the amount paid as the basis for a medical expense award.
Expert testimony would be permitted to argue the reasonableness of the expenses sought, giving both sides more room to make their case. Additionally, agreements between healthcare providers and third parties involved in financing or collecting medical expenses would become admissible as evidence.
Ultimately, the trier of fact — a judge or jury — would decide the final award after reviewing all presented evidence.
