HB1204
To Establish Recovery Of Damages For Necessary Medical Care, Treatment, Or Services Rendered.
Last Action (Feb. 11, 2025): Notification that HB1204 is now Act 28
Sponsors
AI-Generated Summary
House Bill 1204 amends Arkansas Code § 16-64-120 regarding the recovery of damages in legal actions. It clarifies that a plaintiff's recovery for past necessary medical care, treatment, or services is strictly limited to costs that were actually paid by or on behalf of the plaintiff, or costs that remain unpaid for which the plaintiff or a third party is legally responsible. The bill establishes a clear legal standard to prevent the recovery of damages that exceed the actual financial obligation or expenditure incurred for medical services. It effectively codifies a 'paid or incurred' rule for medical damages in tort litigation. The primary purpose is to ensure that compensatory damages for medical expenses reflect the actual financial impact on the plaintiff.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill are defendants in personal injury lawsuits and their insurance providers. By limiting recoverable medical damages to amounts actually paid or legally owed, defendants and their insurers may see a reduction in the total financial liability in tort cases, as plaintiffs will be prevented from seeking damages based on inflated 'billed' amounts that do not reflect actual financial loss.
Who Might Suffer?
The primary groups negatively impacted are plaintiffs in personal injury litigation and their legal counsel. These individuals may recover lower total damage awards in medical malpractice or personal injury cases, as they will no longer be able to claim the full 'sticker price' or original billed amount of medical services if those amounts were subject to write-downs, insurance discounts, or contractual adjustments.
Vote Records
Third Reading
Feb. 6, 2025View individual votes (35)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Jane English | Republican | Senate | Yea |
| Jonathan Dismang | Republican | Senate | Yea |
| Greg Leding | Democrat | Senate | Nay |
| Missy Irvin | Republican | Senate | Yea |
| Bryan King | Republican | Senate | Nay |
| Kim Hammer | Republican | Senate | Yea |
| Stephanie Flowers | Democrat | Senate | Nay |
| Frederick Love | Democrat | Senate | Nay |
| Terry Rice | Republican | Senate | Nay |
| Reginald Murdock | Democrat | Senate | Nay |
| Gary Stubblefield | Republican | Senate | Nay |
| Jim Dotson | Republican | Senate | Yea |
| John Payton | Republican | Senate | Nay |
| Alan Clark | Republican | Senate | Nay |
| Ronald Caldwell | Republican | Senate | Nay |
| Bart Hester | Republican | Senate | Yea |
| Jimmy Hickey | Republican | Senate | Nay |
| Dan Sullivan | Republican | Senate | Nay |
| David Wallace | Republican | Senate | Yea |
| Blake Johnson | Republican | Senate | Yea |
| Justin Boyd | Republican | Senate | Yea |
| Clarke Tucker | Democrat | Senate | Nay |
| Scott Flippo | Republican | Senate | Yea |
| Clint Penzo | Republican | Senate | Nay |
| Mark Johnson | Republican | Senate | Nay |
| Ricky Hill | Republican | Senate | Yea |
| Jamie Scott | Democrat | Senate | Nay |
| Breanne Davis | Republican | Senate | Yea |
| Ben Gilmore | Republican | Senate | Yea |
| Joshua Bryant | Republican | Senate | Nay |
| Matt McKee | Republican | Senate | Yea |
| Jim Petty | Republican | Senate | Yea |
| Steve Crowell | Republican | Senate | Yea |
| Tyler Dees | Republican | Senate | Yea |
| Matt Stone | Republican | Senate | Yea |
Third Reading
Jan. 29, 2025View individual votes (100)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Tracy Steele | Democrat | House | Yea |
| Fred Allen | Democrat | House | NV |
| Lane Jean | Republican | House | Yea |
| Stephen Meeks | Republican | House | Yea |
| Mark Perry | Democrat | House | Yea |
| Jon Eubanks | Republican | House | Yea |
| Matthew Shepherd | Republican | House | Yea |
| Jeff Wardlaw | Republican | House | Nay |
| Bruce Cozart | Republican | House | Yea |
| David Whitaker | Democrat | House | Nay |
| Mike Holcomb | Republican | House | NV |
| Stephen Magie | Democrat | House | Yea |
| Mark McElroy | Republican | House | Nay |
| Richard Womack | Republican | House | Nay |
| Jack Ladyman | Republican | House | NV |
| Robin Lundstrum | Republican | House | Yea |
| Dwight Tosh | Republican | House | Yea |
| Rick Beck | Republican | House | Yea |
| Mary Bentley | Republican | House | Yea |
| Les Eaves | Republican | House | Yea |
| Justin Gonzales | Republican | House | Yea |
| Julie Mayberry | Republican | House | Nay |
| Ken Ferguson | Democrat | House | NV |
| Ron Mcnair | Republican | House | Yea |
| Marcus Richmond | Republican | House | Yea |
| Deann Vaught | Republican | House | NV |
| Karilyn Brown | Republican | House | Yea |
| Sonia Eubanks Barker | Republican | House | Yea |
| Frances Cavenaugh | Republican | House | Yea |
| Jimmie Gazaway | Republican | House | NV |
| Roger Lynch | Republican | House | Yea |
| John Maddox | Republican | House | Yea |
| Aaron Pilkington | Republican | House | Yea |
| Johnny Rye | Republican | House | Yea |
| Les Warren | Republican | House | Yea |
| Carlton Wing | Republican | House | Yea |
| Austin Mccollum | Republican | House | Yea |
| Carol Dalby | Republican | House | NV |
| Steve Hollowell | Republican | House | Yea |
| Brian Evans | Republican | House | Yea |
| Lee Johnson | Republican | House | Yea |
| Andrew Collins | Democrat | House | Nay |
| Stan Berry | Republican | House | Yea |
| Harlan Breaux | Republican | House | Yea |
| Cameron Cooper | Republican | House | Nay |
| Nicole Clowney | Democrat | House | NV |
| Cindy Crawford | Republican | House | Yea |
| Denise Garner | Democrat | House | Nay |
| Tippi McCullough | Democrat | House | Nay |
| Jay Richardson | Democrat | House | NV |
| Jim Wooten | Republican | House | Yea |
| Denise Ennett | Democrat | House | Nay |
| Richard McGrew | Republican | House | Yea |
| Joy Springer | Democrat | House | Nay |
| Howard Beaty | Republican | House | Yea |
| Tony Furman | Republican | House | Yea |
| Kendon Underwood | Republican | House | Yea |
| David Ray | Republican | House | Yea |
| John Carr | Republican | House | Yea |
| Rick McClure | Republican | House | Yea |
| Keith Brooks | Republican | House | Yea |
| Ashley Hudson | Democrat | House | Nay |
| Jon Milligan | Republican | House | Yea |
| RJ Hawk | Republican | House | Yea |
| Wade Andrews | Republican | House | Yea |
| Rebecca Burkes | Republican | House | Yea |
| Hope Duke | Republican | House | Yea |
| Zack Gramlich | Republican | House | Yea |
| Mindy McAlindon | Republican | House | Yea |
| Matt Duffield | Republican | House | Nay |
| Stetson Painter | Republican | House | Yea |
| Steve Unger | Republican | House | Yea |
| Wayne Long | Republican | House | Yea |
| Scott Richardson | Republican | House | Yea |
| Brandon Achor | Republican | House | Yea |
| Jeremiah Moore | Republican | House | Yea |
| Joey Carr | Republican | House | Yea |
| Matt Brown | Republican | House | Yea |
| Shad Pearce | Republican | House | Yea |
| Chad Puryear | Republican | House | Yea |
| Ryan Rose | Republican | House | Yea |
| Bart Schulz | Republican | House | Yea |
| Trey Steimel | Republican | House | Yea |
| Tara Shephard | Democrat | House | Nay |
| Jeremy Wooldridge | Republican | House | Yea |
| Kendra Moore | Republican | House | Yea |
| Brit McKenzie | Republican | House | Yea |
| Steven Walker | Republican | House | Yea |
| Glenn Barnes | Democrat | House | Nay |
| Lincoln Barnett | Democrat | House | Nay |
| Alyssa Brown | Republican | House | NV |
| Nick Burkes | Republican | House | Yea |
| Paul Childress | Republican | House | Yea |
| James Eaton | Republican | House | Yea |
| Brad Hall | Republican | House | Yea |
| Dolly Henley | Republican | House | NV |
| Jessie McGruder | Democrat | House | Nay |
| Jason Nazarenko | Republican | House | Yea |
| Randy Torres | Republican | House | Yea |
| Diana Gonzales Worthen | Democrat | House | Nay |
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