State Codes and Statutes
Statutes > Virginia > Title-8-01 > Chapter-14 > 8-01-413-01§ 8.01-413.01. Authenticity and reasonableness of medical bills; presumption.
A. In any action for personal injuries, wrongful death, or for medicalexpense benefits payable under a motor vehicle insurance policy issuedpursuant to § 38.2-124 or § 38.2-2201, the authenticity of bills for medicalservices provided and the reasonableness of the charges of the health careprovider shall be rebuttably presumed upon identification by the plaintiff ofthe original bill or a duly authenticated copy and the plaintiff's testimony(i) identifying the health care provider, (ii) explaining the circumstancessurrounding his receipt of the bill, (iii) describing the services renderedand (iv) stating that the services were rendered in connection with treatmentfor the injuries received in the event giving rise to the action. Thepresumption herein shall not apply unless the opposing party or his attorneyhas been furnished such medical records at least twenty-one days prior to thetrial.
B. Where no medical bill is rendered or specific charge made by a health careprovider to the insured, an insurer, or any other person, the usual andcustomary fee charged for the service rendered may be established by thetestimony or the affidavit of an expert having knowledge of the usual andcustomary fees charged for the services rendered. If the fee is to beestablished by affidavit, the affidavit shall be submitted to the opposingparty or his attorney at least twenty-one days prior to trial. The testimonyor the affidavit is subject to rebuttal and may be admitted in the samemanner as an original bill or authenticated copy described in subsection A ofthis section.
(1993, c. 610; 1996, c. 516; 1997, c. 503.)
