Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 233 of the General Laws is hereby amended by striking out section 79G, as appearing in the 1986 Official Edition, and inserting in place thereof the following section:-

Section 79G. In an action of tort or contract, or for consequential damages arising therefrom, an itemized bill for medical, dental or hospital services rendered to a person injured, subscribed and sworn to under the penalties of perjury, by the physician, dentist, optometrist, chiropractor, physical therapist, podiatrist, authorized agent of a health maintenance organization or authorized agent of the hospital rendering such services, shall be admissible as evidence of the necessary, fair and reasonable charge for such services; provided, however, that said bill shall include only the date and place of each service rendered because of said injury and the charge therefor without reference to the injury itself or the history thereof; and provided, further, that written notice of the intention to offer such a bill as such evidence, with a copy thereof, has been given to the opposing party or parties, or to his or their attorneys, by mailing the same by certified mail not less than ten days before the trial, and that an affidavit of such notice is filed with the clerk of the court forthwith. Nothing contained in this section shall be construed to limit the right of the defendant to summon, at his own expense, such physician, dentist, optometrist, chiropractor, physical therapist, podiatrist, or authorized agent of a health maintenance organization or of a hospital or the records of such health maintenance organization or hospital for the purpose of cross examination with respect to such bill or record or to rebut the contents thereof, or for any other purpose, nor to limit the right of the defendant to summon any other person to testify in respect to such bill or record or for any other purpose.

The words "physician", "dentist", "optometrist", "chiropractor", "physical therapist", and "podiatrist" shall not include any person who is not licensed to practice as such under the laws of the jurisdiction within which such services were rendered.

The word "hospital" shall mean any hospital required to keep records under section seventy of chapter one hundred and eleven, or which is in any way licensed or regulated by the laws of any other state, or by the laws and regulations of the United States of America, including hospitals of the Veterans Administration or similar type institutions, whether incorporated or not.

The words "health maintenance organization" shall have the same meaning as defined in section one of chapter one hundred and seventy-six G.