Sandberg Phoenix & von Gontard’s Long Term Care Team is tracking certain bills passing through the Missouri legislature. One of those bills that could greatly impact our clients is HB 2107 outlined below.
House Bill 2107 – This bill would modify provisions relating to the collateral source rule and provides that parties may introduce evidence of the actual cost – defined as the “sum of money not to exceed the dollar amounts paid or owed by a plaintiff for medical treatment” – of medical care or treatment. This modification would take into account price reductions and write-offs by any person or entity in determining the actual cost of the care and treatment and would be applicable to future medical care and treatment as well.
If this bill is enacted, defendants, including health care providers, would have the upper hand on the valuation of medical services. Plaintiffs, presumably, would no longer be able to assert that the amount billed for services is reasonable and necessary, thus greatly reducing the amount of special damages for past, present and future medical care and treatment.