51-12-1.1. Special damages for medical and healthcare medical and healthcare payment evidence; abrogation of common law collateral source rule.

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.#

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.#

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.#

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. (1)

   A copy of the letter of protection;#

2. (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. (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:#

   1. (A)

      The name of the third party; and#

   2. (B)

      The dollar amount for which the third party purchased such accounts receivable; and#

4. (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.#

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.#

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.#