2023 Tennessee Code
Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101)
Chapter 26 - HEALTH CARE LIABILITY (§§ 29-26-101 — 29-26-210)
Part 1 - GENERAL PROVISIONS (§§ 29-26-101 — 29-26-122)
Section 29-26-119 - Damages

• (a) As used in this section, "actual economic losses" means the financial costs incurred by the claimant by reason of the personal injury, including the cost of reasonable and necessary medical care, rehabilitation services, and custodial care.

• (b) In all health care liability actions, the common law collateral source rule is abrogated as specified in this section.

• (c) In a health care liability action, the damages awarded may include, in addition to other elements of damages authorized by law, past and future actual economic losses suffered by the claimant.

• (d) Past actual economic losses are limited to:
  • (1) The amounts that have been paid or will be paid by the assets of the claimant or on the claimant's behalf; and
  • (2) The amounts the claimant's providers have accepted or will accept as full payment for reasonable and necessary medical care, rehabilitation services, or custodial care, whether pursuant to:
    • (A) An agreement with an insurance company or third-party payor;
    • (B) The authorized reimbursement rates for a government health insurance program in which the claimant and the provider participate; or
    • (C) Any charity, discount program, write-off, gift, or other reason by the provider.

• (e) Actual economic losses will only be limited to the extent that documentation of the reduction is submitted.

Amended by 2024 Tenn. Acts, ch. 852,s 1, eff. 5/1/2024.

Acts 1975, ch. 299, § 18; T.C.A., § 23-3418; Acts 2012 , ch. 798, § 11.