Florida PI After HB 837: Building a §768.0427 Medical-Damages Schedule That Holds Up
Since HB 837 (March 24, 2023), Florida's §768.0427 puts amounts actually paid, and amounts still owed, in front of the jury. It also requires detailed disclosures when treatment was under a letter of protection, including itemised, coded billing and who referred the claimant. A Florida demand or damages evaluation should therefore start from a provider-by-provider schedule that reconciles billed, paid, adjusted and owed amounts and flags every letter of protection.
By OASIS Legal Operations
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- Florida 768.0427 medical damages
- HB 837 medical damages evidence
- letter of protection disclosure Florida
- Florida demand package after HB 837
- Miami personal injury paralegal
- Tampa insurance defense
- Florida two-year statute of limitations negligence
Short answer
Since HB 837 (March 24, 2023), Florida's §768.0427 puts amounts actually paid, and amounts still owed, in front of the jury. It also requires detailed disclosures when treatment was under a letter of protection, including itemised, coded billing and who referred the claimant. A Florida demand or damages evaluation should therefore start from a provider-by-provider schedule that reconciles billed, paid, adjusted and owed amounts and flags every letter of protection.
Key takeaways
- HB 837 cut the general negligence limitations period to two years for causes of action accruing after March 24, 2023, and introduced a modified comparative-fault bar for claimants more than 50% at fault (§768.81(6)).
- §768.0427 governs medical-damages evidence and letter-of-protection disclosures.
- The same schedule serves the plaintiff's demand and the defense's evaluation.
- A schedule that does not reconcile is the first thing the other side attacks.
What did HB 837 change for Florida medical damages?
HB 837 rewrote how past and future medical expenses are proved: - Evidence of amounts paid for treatment, from any source, is admissible. - For unpaid charges, what the jury may consider depends on whether the claimant has health coverage, Medicare or Medicaid, or treated under a letter of protection. - Damages may not exceed the sum of amounts actually paid, amounts necessary to satisfy charges still owed, and reasonable future amounts.
When a claimant treats under a letter of protection, §768.0427 requires disclosure of: - a copy of the letter; - itemised billing coded so it can be compared; - whether the receivable was sold, to whom, and for how much; - whether the claimant had health coverage at the time; - whether the claimant was referred for treatment, and by whom.
The referral disclosure reaches communications that would otherwise be privileged.
What columns should a Florida medical-damages schedule have?
| Column | Why |
|---|---|
| Provider and dates of service | Ties every figure to treatment |
| Billed charges | Still relevant, but no longer the measure |
| Paid, by payer (health plan, PIP, Medicare, Medicaid) | §768.0427 evidence of amounts paid |
| Contractual adjustment or write-off | Explains billed minus paid |
| Balance owed and to whom | Amounts necessary to satisfy unpaid charges |
| Letter of protection (yes or no) and holder | Triggers the disclosure list |
| CPT or billing codes present | LOP billing must be coded for comparison |
| Referral source | Disclosure item; often contested |
| Source pages | Every number traceable |
Check: billed minus adjustments must equal paid plus owed, provider by provider. If it does not, find the missing EOB before the demand goes out.
How does the schedule fit Florida's other HB 837 changes?
Timing and fault matter as much as the numbers: - The two-year limitations period for negligence (§95.11) compresses the time to gather records. - §768.81(6) bars recovery by a claimant found more than 50% at fault, so fault evidence belongs in the same file. - On the insurance side, §624.155 now includes a 90-day safe harbor for a liability insurer that tenders the lesser of the policy limits or the amount demanded after receiving notice with supporting evidence. A complete, reconciled package is part of what that clock runs on.
Plaintiff or defense: who needs this schedule?
Both: - The plaintiff's firm needs it to send a demand the carrier cannot discount on its face, and to have the letter-of-protection disclosures ready. - The defense needs it to test the specials early, spot lien-based networks and referral patterns, and decide whether a billing expert is worth the cost.
Our Florida demand package specimen shows a fully reconciled schedule.
How OASIS supports Florida firms
For plaintiff and defense firms in Miami, Tampa, Orlando and statewide, OASIS paralegals build §768.0427-ready schedules, letter-of-protection disclosure files and medical chronologies, each figure tied to a source page. The first 12 working hours are free, then $12 an hour.
FAQ
What is Florida Statute 768.0427?
The HB 837 provision that governs evidence of past and future medical expenses (including amounts actually paid) and requires disclosures for treatment under letters of protection.
What must be disclosed for a letter of protection in Florida?
The letter itself, itemised and coded billing, any sale or factoring of the receivable and the price paid, the claimant's health coverage at the time, and who referred the claimant for treatment.
What is the statute of limitations for negligence in Florida after HB 837?
Two years for general negligence causes of action accruing after March 24, 2023.
Does HB 837 apply to cases filed before March 24, 2023?
Many changes apply only to causes of action filed after the effective date, and the limitations change applies to causes of action accruing after it. Check the session law's applicability section for your case.
Sources
- Holland & Knight, Florida Enacts Major Tort Reform
- Florida Statutes §768.0427
- Florida Statutes §768.81
Related services and reading
- Demand packages
- Us personal injury demand package checklist
- Billed vs paid medical damages by state
- Contact
View specimen: Time-Limited Demand Package: Calloway v. Vance
Get a Florida damages schedule built
We assist licensed attorneys; we do not provide legal advice or represent clients. This article is general operational information. Applicable law and professional rules must be checked by supervising counsel.
