Section 1. Section 78B-5-621 is enacted to read:78B-5-621. Recovery of damages for a medical service or treatment -- Admissibility.(1)As used in this section:(a)"Factoring company" means a person that purchases a health care provider's right to collect payment for a medical service or treatment at a discounted price.(b)"Health care provider" means the same as that term is defined in Section 78B-3-403.(c)"Health plan" means:(i)medical care insurance;(ii)health care insurance;(iii)a health benefit plan;(iv)an employer-provided health care plan or medical insurance;(v)workers' compensation insurance;(vi)Medicaid;(vii)Medicare;(viii)a public or government-sponsored health care insurance or benefit program; or(ix)a source available to pay for a medical service or treatment provided to an injured individual for the individual's injury.(d)"Letter of protection" means an arrangement by which a health care provider renders a medical service or treatment to a plaintiff in exchange for a promise of payment for the medical service or treatment from a judgment or settlement of a personal injury or wrongful death action, regardless of whether the arrangement is referred to as a letter of protection.(e)(i)"Medical service or treatment" means an action taken by a health care provider to observe, identify, diagnose, stabilize, address, ameliorate, correct, remedy, rehabilitate, manage, combat, or care for:(A)a plaintiff's injury, condition, disease, or disorder; or(B)a symptom of a plaintiff's injury, condition, disease, or disorder.(ii)"Medical service or treatment" includes equipment, a facility, a medicine, a drug, a prescription, a device, or a product:(A)provided or applied to a plaintiff by a health care provider; or(B)used or consumed by a plaintiff at a health care provider's direction.(2)This section applies to a civil action to recover damages resulting from injury or death, except for a malpractice action against a health care provider as described in Title 78B, Chapter 3, Part 4, Utah Health Care Malpractice Act.(3)The amount of damages that a plaintiff may recover for the reasonable value of a necessary medical service or treatment may not exceed the amount actually:(a)paid by or on behalf of the plaintiff to each health care provider who rendered a medical service or treatment;(b)necessary to pay for each medical service or treatment that is due and owed to a health care provider but at the time of trial is not yet paid; and(c)necessary to pay for each medical service or treatment that the plaintiff will need in the future.(4)Evidence offered to prove the amount described in Subsection (3) is:(a)admissible; and(b)limited to evidence of the amount that is actually paid or that will be necessary to pay, regardless of the source of payment, including:(i)if the plaintiff is covered by a health plan:(A)the amount the health plan is obligated to pay the health care provider for the plaintiff's medical service or treatment;(B)the amount the plaintiff is obligated to pay the health care provider under the health plan;(C)the amount required to satisfy a future charge of a health care provider if the plaintiff submits the future charge to the health plan; and(D)the amount the plaintiff will be obligated to pay the health care provider for a future charge under the health plan;(ii)if the plaintiff is covered by a health plan but obtains a medical service or treatment under a letter of protection or does not submit the charge for the medical service or treatment to the health plan, the amount that:(A)the health plan would pay the health care provider to satisfy the unpaid charge; and(B)the plaintiff would be obligated to pay the health care provider under the health plan if the plaintiff submits the charge to the health plan;(iii)if the plaintiff obtains a medical service or treatment under a letter of protection and the health care provider transfers the right to receive payment under the letter of protection to a third party, evidence of the amount the third party paid or agreed to pay the health care provider for the right to receive payment under the letter of protection;(iv)evidence of a reasonable amount billed to the plaintiff for a necessary medical service or treatment; and(v) evidence of a reasonable amount that will be billed to the plaintiff for a necessary future medical service or treatment.(5)When asserting a claim for damages for a medical service or treatment rendered under a letter of protection, the plaintiff shall disclose to the other party in the action:(a)a copy of the letter of protection;(b)all charges for the plaintiff's medical expenses, which shall be itemized and, to the extent applicable, coded according to generally accepted medical billing practices;(c)if the health care provider sold the right to collect payment for the plaintiff's medical expenses to a factoring company or another third party:(i)the name of the factoring company or third party that purchased the right to collect payment; and(ii)the dollar amount for which the factoring company or third party purchased the right to collect payment, including any discount provided below the billed amount;(d)whether the plaintiff had coverage under a health plan at the time the medical service or treatment was rendered;(e)the identity of the health plan if the plaintiff had coverage under a health plan at the time the medical service or treatment was rendered;(f)whether the plaintiff was referred for the medical service or treatment under a letter of protection; and(g)the identity of the person that made the referral if the plaintiff was referred for the medical service or treatment under a letter of protection.