SB 268 - This act modifies provisions of law relating to civil procedure.COLLATERAL SOURCE (SECTION 490.715)
This act modifies the rule for determining the admissibility of evidence of collateral source payments in civil cases. Currently, parties may introduce evidence of the actual cost of the medical care or treatment rendered to a plaintiff or a patient whose care is at issue. Additionally, this act modifies this provision by providing that in any action where a plaintiff seeks to recover for personal injury, bodily injury, or death, any party may introduce evidence of the actual cost of the medical care or treatment rendered to a plaintiff or to the person whose injury or death the recovery is sought.
No party shall introduce evidence of the amount billed for medical care or treatment rendered to a plaintiff or a patient at issue in the case if the amount billed has been discounted pursuant to any contract, price reduction, write-off, or payment less than the amount billed for the medical care or treatment. The actual cost of medical care or treatment rendered to a plaintiff or a patient and any discounts pursuant to a contract, price reduction or write-off shall be admissible as relevant to the potential cost of future treatment.
This provision is substantially similar to HB 273 (2023), SB 975 (2022), HB 1715 (2022), a provision in HCS/SCS/SB 119 (2021), and in the perfected HCS/HB 922 (2021), and is similar to HB 965 (2024), HB 147 (2021), HCS/HB 577 (2021), HB 121 (2019), and HB 1407 (2018).
TIME LIMITED SETTLEMENT DEMANDS (SECTION 537.058)
Currently, offers to settle any claim for personal injury, bodily injury, or wrongful death on behalf of a claimant that are required to be accepted within a specified period of time by a tort-feasor with a liability insurer are required to contain the time period within which the offer remains open for acceptance, which shall not be less than ninety days from the date such demand is received by the liability insurer.
This act modifies the provision by providing that in any action alleging extracontractual damages against the tort-feasor's liability insurer, any prior offers to settle any claim for personal injury, bodily injury, or wrongful death on behalf of a claimant to a tort-feasor with a liability insurance policy shall not be considered a reasonable opportunity to settle the claim unless the settlement demand remains open for acceptance for at least ninety days from the date such settlement demand was received by the liability insurer, and if the offer remains open for more than ninety days, the offer shall contain the time period within which acceptance may be given.
This provision is identical to SB 903 (2024), SB 466 (2023), and provision in SB 708 (2023) and is substantially similar to HB 2277 (2024) and HB 1009 (2023).
REFERENCES OF DAMAGES TO JURIES (SECTION 537.092)
This act provides that neither party nor the attorneys of the parties in any civil action in which the trier of fact is a jury shall seek or make reference to a specific dollar amount or state a range for the jury to consider with respect to awards for noneconomic damages.
This provision is identical to SB 987 (2024) and is substantially similar to HB 2017 (2022) and HCS/HB 148 (2021).
DISCLOSURE REQUIREMENTS IN CIVIL ACTIONS FOR LATENT INJURIES (SECTION 537.870)
This act provides that within 30 days of filing a civil action involving a latent injury or disease or a claim for medical monitoring, the claimant shall file a sworn information form specifying the evidence that provides the basis for each claim against each defendant and shall include certain disclosures detailed in the act. The claimant shall supplement the information when the claimant receives information required to be disclosed or when the claimant becomes aware that a prior disclosure was inaccurate or incomplete. Discovery shall not commence against a defendant until the defendant's product, substance, or premises is specifically identified in the disclosures. The court, on motion by a defendant, shall dismiss the action without prejudice for any defendant that was not specifically identified in the disclosures or when a claimant fails to comply with the requirements of this provision.
This provision is similar to a provision in SB 708 (2023).
KATIE O'BRIEN