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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2166 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to damages; amending 12 O.S. 2021,
7 Section 3009.1, which relates to personal injury
8 suits; defining terms; prohibiting certain damages
8 exceeding a certain amount; authorizing certain
9 evidence to establish damages; requiring disclosure
9 of certain documents; and providing an effective
10 date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 12 O.S. 2021, Section 3009.1, is
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15 amended to read as follows:
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16 Section 3009.1. A. As used in this section:
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17 1. "Factoring company" means any person or entity that
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18 purchases a health care provider's accounts receivable at a discount
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19 below the invoice value of such accounts;
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20 2. "Health plan" means any medical care insurance, health care
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21 insurance, health benefit plan, employer-provided health care plan
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22 or medical insurance, workers' compensation insurance, Medicaid,
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23 Medicare, other public or government-sponsored health care insurance
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24 or benefit program, or other similar source available to pay for
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1 services provided to the injured person at the time or after the
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2 medical services or treatment were provided;
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3 3. "Health care provider" includes hospitals, institutions,
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4 laboratories, pharmacies, doctors, physicians, optometrists,
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5 chiropractors, dentists, nurses, pharmacists, therapists, and any
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6 other medical or health care facility, professionals, or persons who
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7 diagnose, evaluate, treat, or otherwise deliver medical services or
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8 treatment to a plaintiff;
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9 4. "Letter of protection" means any arrangement by which a
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10 health care provider renders treatment in exchange for a promise of
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11 payment for the plaintiff's expenses for medical services or
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12 treatment from any judgment or settlement of a personal injury or
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13 wrongful death action. The term includes any such arrangement,
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14 regardless of whether referred to as a letter of protection; and
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15 5. "Medical services or treatment" means any actions taken by a
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16 health care provider to observe, identify, diagnose, stabilize,
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17 address, ameliorate, correct, remedy, rehabilitate, manage, combat,
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18 or care for a plaintiff's injury, condition, disease, or disorder,
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19 or symptoms of a plaintiff's injury, condition, disease, or
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20 disorder. The term includes any equipment, facilities, medicines,
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21 drugs, prescriptions, devices, or products provided or applied to a
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22 plaintiff by a health care provider or consumed by a plaintiff at a
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23 health care provider's direction.
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1 B. Upon the trial of any civil action arising from personal
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2 injury, the actual amounts paid for any services in the treatment of
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3 the injured party, including doctor bills, hospital bills, ambulance
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4 service bills, drug and other prescription bills, and similar bills
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5 shall be the amounts admissible at trial, not the amounts billed for
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6 such expenses incurred in the treatment of the party. If, in
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7 addition to evidence of payment, a party submits a signed statement
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8 acknowledged by the medical provider or an authorized representative
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9 or sworn testimony that the provider will accept the amount paid as
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10 full payment of the obligations, the statement or testimony shall be
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11 admitted into evidence. The statement or testimony shall be part of
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12 the record as an exhibit but need not be shown to the jury. If a
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13 medical provider has filed a lien in the case for an amount in
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14 excess of the amount paid, then the bills in excess of the amount
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15 paid, but not more than the amount of the lien, shall be admissible.
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16 B. C. If no payment has been made, the Medicare reimbursement
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17 rates in effect when the personal injury occurred, not the amounts
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18 billed, shall be admissible if, in addition to evidence of
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19 nonpayment, a party submits a signed statement acknowledged by the
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20 medical provider or an authorized representative or sworn testimony
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21 that the provider will accept payment at the Medicare reimbursement
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22 rate less cost of recovery as provided in Medicare regulations as
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23 full payment of the obligation. The statement or testimony shall be
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24 admitted into evidence and shall be part of the record as an exhibit
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Req. No. 3547 Page 3
1 but need not be shown to the jury. If a medical provider has filed
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2 a lien in the case for an amount in excess of the Medicare rate,
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3 then the bills in excess of the amount of the Medicare rate, but not
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4 more than the amount of the lien, shall be admissible.
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5 C. D. If no bills have been paid, or no statement acknowledged
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6 by the medical provider or sworn testimony as provided in
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7 subsections A and B of this section is provided to the opposing
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8 party and listed as an exhibit by the final pretrial hearing, then
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9 the amount billed shall be admissible at trial subject to the
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10 limitations regarding any lien filed in the case.
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11 E. Except as provided in subsection F of this section, in an
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12 action to recover damages resulting from injury or death, damages
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13 that may be recovered for the reasonable value of any necessary
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14 medical services or treatment may not exceed amounts actually paid
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15 by or on behalf of the plaintiff to health care providers who
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16 rendered medical services or treatment, necessary to satisfy charges
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17 for medical services or treatment that are due and owing to health
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18 care providers but at the time of trial are not yet satisfied, and
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19 necessary to provide medical treatment or services the plaintiff
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20 will need in the future.
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21 F. Evidence to establish the reasonable value of past or future
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22 medical services or treatment in any action to recover damages
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23 resulting from injury or death is admissible as provided in this
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24 section.
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1 1. Evidence offered to prove the amount of damages for past
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2 medical treatment or services that have been satisfied is limited to
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3 evidence of the amount actually paid, regardless of the source of
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4 payment.
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5 2. Evidence offered to prove the amount necessary to satisfy
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6 unpaid charges for incurred medical services or treatment shall
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7 include, but not be limited to:
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8 a. if the plaintiff is covered by a health plan, evidence
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9 of the amount that such health plan is obligated to
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10 pay the health care provider to satisfy the charges
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11 for the plaintiff's incurred medical services or
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12 treatment, plus the plaintiff's share of medical
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13 expenses under the health plan,
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14 b. if the plaintiff is covered by a health plan but
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15 obtains treatment under a letter of protection or
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16 otherwise does not submit to the health plan for
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17 payment any charges for any health care provider's
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18 medical services or treatment, evidence of the amount
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19 the plaintiff's health plan would pay the health care
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20 provider to satisfy the past unpaid medical charges,
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21 plus the plaintiff's share of medical expenses under
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22 the health plan, had the plaintiff submitted the
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23 health care provider's charges to the health plan for
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24 payment,
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1 c. if the plaintiff obtains medical services or treatment
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2 under a letter of protection and the health care
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3 provider subsequently transfers the right to receive
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4 payment under the letter of protection to a third
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5 party, evidence of the amount the third party paid or
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6 agreed to pay the health care provider in exchange for
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7 the right to receive payment pursuant to the letter of
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8 protection, and
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9 d. any evidence of reasonable amounts billed to the
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10 plaintiff for necessary medical services or treatment
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11 provided to the plaintiff.
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12 3. Evidence offered to prove the amount of damages for any
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13 future medical services or treatment the plaintiff will receive
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14 shall include, but not be limited to:
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15 a. if the plaintiff is covered by a health plan or is
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16 eligible for any such medical care plan, evidence of
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17 the amount for which the future charges of health care
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18 providers could be satisfied if submitted to such
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19 health plan, plus the plaintiff's share of medical
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20 expenses under the health plan, and
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21 b. any evidence of reasonable future amounts to be billed
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22 to the plaintiff for necessary medical services or
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23 treatment that will be provided to the plaintiff.
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1 G. In any action to recover damages resulting from injury or
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2 death, when asserting any claim for damages for medical services or
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3 treatment rendered under a letter of protection, the plaintiff shall
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4 disclose to the other parties to the action:
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5 1. A copy of the letter of protection;
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6 2. All charges for the plaintiff's medical expenses, which
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7 shall be itemized and, to the extent applicable, coded according to
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8 generally accepted medical billing practices;
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9 3. If the health care provider sells the accounts receivable
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10 for the plaintiff's medical expenses to a factoring company or other
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11 third party, the name of the factoring company or other third party
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12 that purchased such accounts and the dollar amount for which the
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13 factoring company or other third party purchased such accounts,
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14 including any discount provided below the invoice amount;
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15 4. Whether the plaintiff, at the time medical services or
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16 treatment was rendered, had coverage pursuant to a health plan and,
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17 if so, the identity of such health plan; and
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18 5. Whether the plaintiff was referred for treatment under a
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19 letter of protection and, if so, the identity of the person who made
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20 the referral. If the referral is made by the plaintiff's attorney,
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21 disclosure of the referral is permitted and not protected by any
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22 privilege, and evidence of such referral is admissible. In such
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23 situation, the financial relationship between a law firm and a
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24 medical provider, including the number of referrals, frequency, and
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1 financial benefit obtained, is relevant to the issue of the bias of
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2 a testifying medical provider.
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3 D. H. This section shall apply to civil actions arising from
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4 personal injury filed on or after November 1, 2015.
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5 SECTION 2. This act shall become effective November 1, 2026.
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7 60-2-3547 BLB 1/15/2026 2:07:58 PM
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Req. No. 3547 Page 8Every fact on this page links to its source, starting with the official bill record.