Oklahoma § 12-3009.1 - Personal injury suits – Medical bills - Evidence

§ 12-3009.1. Personal injury suits – Medical bills - Evidence

A. Upon the trial of any civil action arising from personal

injury, the actual amounts paid for any services in the treatment of

the injured party, including doctor bills, hospital bills, ambulance

service bills, drug and other prescription bills, and similar bills

shall be the amounts admissible at trial, not the amounts billed for

such expenses incurred in the treatment of the party. If, in

addition to evidence of payment, a party submits a signed statement

acknowledged by the medical provider or an authorized representative

or sworn testimony that the provider will accept the amount paid as

full payment of the obligations, the statement or testimony shall be

admitted into evidence. The statement or testimony shall be part of

the record as an exhibit but need not be shown to the jury. If a

medical provider has filed a lien in the case for an amount in

excess of the amount paid, then the bills in excess of the amount

paid, but not more than the amount of the lien, shall be admissible.

B. If no payment has been made, the Medicare reimbursement

rates in effect when the personal injury occurred, not the amounts

billed, shall be admissible if, in addition to evidence of

nonpayment, a party submits a signed statement acknowledged by the

medical provider or an authorized representative or sworn testimony

that the provider will accept payment at the Medicare reimbursement

rate less cost of recovery as provided in Medicare regulations as

full payment of the obligation. The statement or testimony shall be

admitted into evidence and shall be part of the record as an exhibit

Oklahoma Statutes - Title 12. Civil Procedure

but need not be shown to the jury. If a medical provider has filed

a lien in the case for an amount in excess of the Medicare rate,

then the bills in excess of the amount of the Medicare rate, but not

more than the amount of the lien, shall be admissible.

C. If no bills have been paid, or no statement acknowledged by

the medical provider or sworn testimony as provided in subsections A

and B of this section is provided to the opposing party and listed

as an exhibit by the final pretrial hearing, then the amount billed

shall be admissible at trial subject to the limitations regarding

any lien filed in the case.

D. This section shall apply to civil actions arising from

personal injury filed on or after November 1, 2015.

Added by Laws 2011, c. 198, § 1, eff. Nov. 1, 2011. Amended by Laws

2015, c. 337, § 1, eff. Nov. 1, 2015.