---
title: Floor Amend 1 AM 49 0227 to SB 68
collection: amendment
id: amendment:2025-2026/sb68/233398
cite_as: SB 68, Floor Amend 1 AM 49 0227
canonical_url: https://georgiacommons.org/bills/2025-2026/sb68/amendments/233398
md_url: https://georgiacommons.org/bills/2025-2026/sb68/amendments/233398.md
text_url: https://georgiacommons.org/bills/2025-2026/sb68/amendments/233398/text
source_url: https://www.legis.ga.gov/api/legislation/document/20252026/233398
date: 2026-09-25
license: Public record of the Georgia General Assembly, from its website (legis.ga.gov)
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
version: Floor Amend 1 AM 49 0227
version_id: amendment:2025-2026/sb68/233398@233398
---

# Floor Amend 1 AM 49 0227 to SB 68

ADOPTED
Senators Hatchett of the 50th, Kennedy of the 18th, and Strickland of the 42nd offered the
following amendment #1:
Amend the Senate Committee on Judiciary substitute to SB 68 (LC 49 2233-ECS) by
replacing line 10 with the following:
actions; to provide for the recovery of special damages for medical and healthcare expenses
in personal injury and wrongful death cases; to provide for construction; to provide for
definitions; to
By replacing lines 346 to 388 with the following:
<ins>(a) In any civil action to recover damages resulting from injury or death to a person,
special damages for medical and healthcare expenses shall be recoverable only as provided
in this Code section.
(b) Special damages for medical and healthcare expenses shall be limited to the reasonable
value of medically necessary care, treatment, or services, and the amount of such special
damages shall be determined by the trier of fact.
(c) If the plaintiff in any such civil action has any form of public or private health
insurance, including benefits under a governmental workers' compensation program,
evidence relevant to the determination of the reasonable value of medically necessary care,
treatment, or services pursuant to subsection (b) of this Code section shall include both the
amounts charged for past, present, or future medical and healthcare expenses and the
amounts actually necessary to satisfy such charges pursuant to the insurance contract or the
applicable governmental workers' compensation program, regardless of whether the health
insurance has been used, is used, or will be used to satisfy such charges.
</ins>
<ins>(d) In any claim for medical and healthcare expenses rendered under a letter of protection
or any other arrangement by which a healthcare provider renders treatment in exchange for
a promise of payment for the plaintiff's medical and healthcare expenses from any
judgment or settlement of a civil action to recover damages resulting from injury or death
to a person, regardless of how such arrangement is referred to, the following shall be
relevant and discoverable:
(1) A copy of the letter of protection;
(2) All charges for the plaintiff's medical and healthcare expenses, which shall be
itemized and, to the extent applicable, coded according to generally accepted medical
billing practices;
(3) If the healthcare provider sells the accounts receivable for the plaintiff's medical and
healthcare expenses to a third party at less than the invoice price:
(A) The name of the third party; and
(B) The dollar amount for which the third party purchased such accounts receivable;
and
(4) Whether the claimant was referred for treatment under a letter of protection or other
similar arrangement and, if so, the identity of the person who made the referral.
(e) It is the intent of the General Assembly that this Code section abrogates the common
law collateral source rule to the extent necessary to introduce the evidence described in this
Code section; provided, however, that nothing in this Code section shall be construed or
applied to prevent the court from issuing appropriate jury instructions to clarify the role of
collateral source payments and to prevent potential jury confusion regarding the effect of
collateral source payments on the plaintiff's recovery.
(f) Nothing in this Code section shall be construed or applied to limit the right of a plaintiff
or defendant to present evidence or testimony, or both, challenging the reasonableness of
medical and healthcare expenses, whether incurred or projected future expenses, or the
medical necessity of any treatment."
</ins>