RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY --, EVIDENCE
Impact
The introduction of this bill could lead to changes in state laws regarding evidence admissibility in civil litigation. By specifying that the billed amount by the healthcare provider is the sole standard for what constitutes a fair and reasonable charge, the bill could limit the ability of defendants to argue against healthcare service charges based on insurance payments or other factors. This may result in increased financial responsibility for those facing civil claims, as the actual charges could now be easier to enforce in court.
Summary
House Bill 8053 aims to establish the fair and reasonable charge for medical and healthcare services in civil actions. The bill stipulates that in cases concerning personal injury or wrongful death, the appropriate charge should be the amount billed by the licensed healthcare provider. This represents a significant shift in how charges can be presented in court, particularly in cases involving medical, dental, or professional malpractice.
Contention
There are potential points of contention surrounding H8053, particularly concerning the implications for liability and the legal strategies available to plaintiffs and defendants in civil cases. Advocates argue that it creates clarity and fairness in litigation related to medical costs. However, opponents may raise concerns regarding its fairness to defendants, as it removes nuanced considerations of how medical costs are settled through various payment methods like insurance. Addressing these concerns is critical as the bill progresses through the legislative process.
Prohibits gender transition procedures for all minors, uses of public funds, discipline for health care providers, a 30 year statute of limitation, after reaching age of majority, and right to a civil action for damages.
Provide to provide greater clarity in insurance claim settlements, the appraisal process and procedural safeguards to enhance consumer protections against bad faith practices by insurers.
Establishes the right of a medical practitioner, healthcare institution, or healthcare payer not to participate in or pay for any medical procedure or service this violates their conscience.
Mandates cosmetic medical procedures be performed by a physician, PA, APRN, or delegated to a qualified non-physician, non-PA or non-APRN under the supervision of a physician, physician assistant, or advanced practice registered nurse.
Mandates cosmetic medical procedures be performed by a physician, PA, APRN, or delegated to a qualified non-physician, non-PA or non-APRN under the supervision of a physician, physician assistant, or advanced practice registered nurse.
Provides equal Medicare for infants born-alive as a result of abortion procedure/natural delivery with violations subject to criminal penalties for medical personnel/loss of license/civil action for damages.