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2016 SESSION
16104433DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-413.01 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-413.01. Authenticity and reasonableness of medical bills; presumption.
A. In any action for personal injuries, wrongful death, or for
medical expense benefits payable under a motor vehicle insurance policy issued
pursuant to § 38.2-124 or § 38.2-2201, the authenticity of bills for medical
services provided and the reasonableness of the charges of the health care
provider shall be rebuttably presumed upon identification by the plaintiff of
the original bill or a duly authenticated copy and the plaintiff's testimony
(i) identifying the health care provider, (ii) explaining the circumstances
surrounding his receipt of the bill, (iii) describing the services rendered,
and (iv) stating that the services were rendered in connection with treatment
for the injuries received in the event giving rise to the action. If the
plaintiff's physician has deemed the plaintiff unable to provide such
testimony, the plaintiff's guardian, agent under an advance directive, agent
under a power of attorney, or next friend may identify the bill or an
authenticated copy and provide testimony in lieu of the plaintiff. The
presumption herein shall not apply unless the opposing party or his attorney
has been furnished such medical records at least twenty-one 30
days prior to the trial.
B. Where no medical bill is rendered or specific charge made
by a health care provider to the insured, an insurer, or any other person, the
usual and customary fee charged for the service rendered may be established by
the testimony or the affidavit of an expert having knowledge of the usual and
customary fees charged for the services rendered. If the fee is to be
established by affidavit, the affidavit shall be submitted to the opposing party
or his attorney at least twenty-one 30 days prior to trial. The
testimony or the affidavit is subject to rebuttal and may be admitted in the
same manner as an original bill or authenticated copy described in subsection A
of this section.