Evidence depends on the type of health care coverage, if any, the claimant has: Admissible evidence should include the evidence listed below. Evidence of reasonable amounts billed to the claimant for medically necessary treatment or services.If the claimant receives services pursuant to a letter of protection and the provider then transfers the right to receive payment of the bill to a third party, evidence of the amount the third party paid or agreed to pay the provider for the right to receive payment is admissible.If there is no applicable Medicare rate for the services in question, 170% of the applicable state Medicaid rate is admissible. If the claimant does not have health care coverage or has healthcare coverage through Medicare or Medicaid, 120% of the Medicare reimbursement rate in effect on the date of the incurred medical treatment or services is admissible.If the claimant has health care coverage but foregoes that coverage and opts to obtain treatment under a letter of protection (or otherwise does not submit charges to the insurer), evidence of the amount the insurer would be obligated to pay the provider and the claimant’s portion of medical expenses under that contract or relevant regulation, had the claimant obtained treatment pursuant to the health care coverage, are admissible.If the claimant has health care coverage, evidence of the amount the insurer is obligated to pay the provider under the contract and the claimant’s portion of medical expenses under that contract or relevant regulation are admissible.The initial billed amount is not admissible. If an insurer paid the full medical bill for past services, the amount paid by the insurer is the only amount admissible. Evidence of services that have already been satisfied is limited to the amount actually paid for those services, regardless of the source of such payment. In a personal injury or wrongful death action, evidence admissible to prove the damage amounts for past or future medical care is limited as follows:.
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