Louisiana Changed How Medical Bills Are Calculated in Injury Cases: What the 2026 Law Means

Your health insurer may pay substantially less because it has a negotiated contract with the hospital.

So which number matters in a Louisiana personal injury lawsuit?

Louisiana changed the answer again.

Act No. 466 of the 2025 Regular Session amended Louisiana Revised Statute 9:2800.27, which governs recoverable past medical expenses in personal injury cases.

The amendment became effective January 1, 2026.

For people injured in car accidents, truck wrecks, premises accidents, and other incidents, this can directly affect the calculation and presentation of medical expenses.

What Is the Collateral Source Rule?

The collateral source rule generally concerns benefits or payments an injured person receives from a source separate from the person responsible for causing the injury.

Health insurance is the example most people recognize.

Historically, Louisiana law developed rules addressing whether a defendant received the benefit of reductions negotiated by an injured person’s health insurer.

The Legislature has substantially modified how medical expenses are treated.

What Changed in 2026?

Current Louisiana Revised Statute 9:2800.27 contains detailed rules for different types of medical payments.

For qualifying treatment provided by a contracted medical provider and paid in whole or in part by a health insurance issuer or Medicare, the statute generally focuses recovery on the amount actually paid plus applicable cost-sharing amounts paid or owed by the claimant.

Cost sharing includes items such as:

• copayments;
• coinsurance;
• deductibles; and
• other qualifying amounts owed by the claimant.

Why Is This Important?

Medical providers frequently have different numbers associated with one treatment.

There may be:

• the amount originally billed;
• contractual adjustments;
• the insurer’s payment;
• the patient’s deductible;
• coinsurance;
• copayments; and
• the remaining balance.

That means an injured person should keep more than the first bill received in the mail.

What Documents Should I Save?

After an accident, preserve:

• itemized medical bills;
• explanation-of-benefits statements;
• receipts;
• deductible information;
• copayment receipts;
• insurer payment information;
• Medicare information where applicable; and
• correspondence about balances or liens.

These records can help establish what was billed, what was paid, and what remains owed.

Does This Apply to Medicare?

The statute specifically addresses qualifying Medicare payments to participating providers within its definitions and operative provisions.

The details of the particular treatment and payment arrangement matter.

What About Medicaid?

Louisiana law contains separate treatment for medical expenses paid by Medicaid.

Do not assume the health-insurance rule and Medicaid rule are identical.

What About Workers’ Compensation?

The statute also contains provisions concerning medical expenses paid pursuant to Louisiana Workers’ Compensation Law.

Work-related injuries can additionally involve workers’ compensation reimbursement or third-party issues, making those cases more complex.

What If My Medical Bills Haven’t Been Paid?

The statute separately addresses categories of past medical expenses outside certain insurance-payment provisions.

Depending on the circumstances, recoverable expenses may include amounts paid and amounts remaining owed to providers, including certain expenses associated with contractual or statutory privileges, liens, or guarantees.

The specific payment arrangement matters.

What If My Lawyer Negotiated a Medical Discount?

The current statute specifically addresses certain pre-negotiated agreements between a claimant’s attorney and a medical provider.

That is another reason personal injury medical expenses cannot be calculated accurately from the face amount of a bill alone.

Does the New Law Affect Future Medical Expenses?

Past and future medical damages are different questions.

A person with a catastrophic injury may require future:

• surgery;
• rehabilitation;
• medication;
• injections;
• prosthetics;
• medical equipment;
• home health assistance; or
• specialist care.

Future medical needs should be supported by appropriate medical evidence.

Why Is This Important in 18-Wheeler Cases?

Truck accidents can create enormous medical expenses.

A person may require:

• ambulance transportation;
• trauma treatment;
• ICU care;
• surgery;
• hospitalization;
• inpatient rehabilitation; and
• long-term therapy.

A catastrophic case cannot be evaluated accurately by simply adding the numbers printed on the first round of hospital bills.

Don’t Settle Before You Understand Future Treatment

An insurance company may make an offer while treatment is ongoing.

Before accepting a final settlement, consider whether doctors have determined:

• whether surgery is necessary;
• whether another procedure is likely;
• whether the injury is permanent;
• whether you can return to work;
• whether rehabilitation will continue; and
• whether future medical care will be required.

Once a claim is finally released, later medical developments do not necessarily reopen it.

Louisiana’s Medical Expense Law Is Now More Document-Driven

The 2026 changes make it especially important to know:

What was billed?

What was actually paid?

Who paid it?

What did the patient pay?

What does the patient still owe?

What treatment is expected in the future?

Those are different questions.

Talk to Jacqueline Scott & Associates

If you were seriously injured in a Louisiana accident, the value of your medical claim should not be calculated from a single number on a hospital statement.

At Jacqueline Scott & Associates, we gather the records needed to evaluate past treatment, payment information, outstanding expenses, and future medical needs.

Call (318) 746-5997.

Make ’Em Pay.

Louisiana’s medical-expense rules are fact-specific and depend on matters including the type of coverage and payment arrangement. Every case is different. This article provides general educational information and is not legal advice.

This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.