WEST virginia legislature
2021 regular session
House Bill 2483
By Delegate Foster
[Introduced February 15, 2021; Referred to the Committee on the Judiciary]
A BILL to amend and reenact §57-5-4j of the Code of West Virginia, 1931, as amended, relating to preventing compensatory damage awards for medical expenses from including sums that the claimant has not and will not pay for medical care or treatment.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
records; evidence of
reasonableness of medical expenses.
(a) Proof that medical, hospital, and doctor bills were paid
or incurred because of any illness, disease, or injury
shall be is
prima facie evidence that such the bills so paid or incurred were
necessary and reasonable up to
the amount actually paid. To the extent that charges for medical, hospital and
doctor services or treatment were satisfied by way of discount, reduction or write-off
and not paid, proof of the charges incurred, but not paid, may not be used to
establish the necessity or reasonableness of medical expenses.
(b) Evidence offered regarding the cost or value of any future medical expenses claimed by the injured person are limited to evidence of those sums that are sufficient to provide for any future necessary and reasonable health care services or treatment for the injured person.
(c) The Legislature declares that the purpose of this section is to abrogate the common-law collateral source rule in determining the sums recoverable by injured persons as damages for medical expenses and to prevent compensatory damage awards for the value of reasonable and necessary health care services from exceeding the sums accepted by the health care service provider for treating the injured party.
(d) The Legislature further declares that the decision of the Supreme Court of Appeals of West Virginia in Kenney v. Liston, Case No. 13-0427 (W.Va. June 4, 2014) is contrary to the Legislature’s intent and is overruled by the enactment of this statute.
NOTE: The purpose of this bill is to prevent compensatory damage awards for medical expenses from including sums that the claimant has not and will not pay for medical care or treatment.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.