Signed by Governor John Bel Edwards

Vote Smart's Synopsis:

Vote to pass a bill that amends the guidelines for whether a trial calls for a jury and cases involving the recovery of medical expenses, effective January 1, 2021.

Highlights:

• Prohibits a trial by jury from being available under any of the following circumstances (Sec. 2):

• A suit where the amount of no individual petitioner’s cause of action exceeds $10,000;

• A suit in a parish or city court where the petitioner stipulates that their cause of action does not exceed the amount in dispute;

• A suit on an unconditional obligation to pay a specific sum of money, unless the defense is a forgery, fraud, error, want or failure of consideration;

• A summary, executory, probate, habeas corpus, injunction, workers’ compensation, emancipation, tutorship, curatorship, filiation, annulment or divorce proceeding;

• Child custody, visitation or alimony proceeding;

• A municipal or administrative review; or

• All cases where a jury trial is specifically denied by law.

• Prohibits existing insurance coverage from being communicated to a jury unless any of the following applies (Sec. 3):

• A factual dispute related to an issue of coverage is one decided by a jury;

• The existence of coverage would be admissible to attack a witness’s credibility; or

• The cause of action is brought against the insurer.

• Prohibits the identity of the insurer from being given to the jury unless their identity would be admissible to attack the witness’s credibility (Sec. 3).

• Requires the court to award to a claimant 40 percent of the difference between the amount billed and the amount actually paid to the healthcare provider (Sec. 4).  

• Specifies that a claimant’s recovery of medical expenses is limited to the amount paid under the medical payment fee schedule of the Louisiana Workers’ Compensation Law (Sec. 4).

Full Bill Text