SB-1104, As Passed Senate, October 20, 2016
September 21, 2016, Introduced by Senator SHIRKEY and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 1482.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1482. (1) Notwithstanding any other law to the contrary,
in an action that alleges a medical malpractice claim, both of the
following apply:
(a) The damages recoverable for past medical expenses or
rehabilitation service expenses shall not exceed the actual damages
for medical care that arise out of the alleged malpractice.
(b) Except for evidence of the actual damages for medical
care, the court shall not permit a plaintiff to introduce evidence
of past medical expenses or rehabilitation service expenses at
trial.
(2) As used in this section:
(a) "Actual damages for medical care" means both of the
following:
(i) The dollar amount actually paid for past medical expenses
or rehabilitation service expenses by or on behalf of the
individual whose medical care is at issue, including payments made
by insurers, but excluding any contractual discounts, price
reductions, or write-offs by any person.
(ii) Any remaining dollar amount that the plaintiff is liable
to pay for the medical care.
(b) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. Section 1482 of the revised judicature act
of 1961, 1961 PA 236, as added by this amendatory act, applies to
an action filed on or after the effective date of this amendatory
act.