Elimination of the Collateral Source Rule

This bill is part of the 2014 Louisiana Legislature's tort reform initiative.

If passed this legislation will eliminate the collateral source rule in Louisiana. Presently a plaintiff can recover any and all medical expenses related to their injury even if their medical bills were paid by an insurer or other collateral source. Because this is a substantive change and the legislation is not specifically made retroactive, if this law passes it will most likely be applied prospectively.


Regular Session, 2014
HOUSE BILL NO. 773
BY REPRESENTATIVE SEABAUGH (Contact Rep. Alan Seabaugh   

seabaugha@legis.la.gov - 

CIVIL/LAW: Provides with respect to the award of certain damages
1 AN ACT
2 To enact Civil Code Article 2315(C), relative to damages; to prohibit the award of damages
3 in certain circumstances; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. Civil Code Article 2315(C) is hereby enacted to read as follows:
6 Art. 2315. Liability for acts causing damages
7 * * *
8 C. In any action for damages in which a person suffers injury, death, or loss,
9 the court shall not award to the plaintiff any portion of any medical expense, bill, or
10 invoice that the plaintiff is not personally obligated to pay to the provider because
11 that medical expense, bill, or invoice has been reduced or paid by a healthcare
12 insurer, Medicare, Medicaid, other state or federal agency or program, or by private
13 agreement.