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House Passes Pair of LABI-Backed Legal Reforms
The House approved two key LABI-supported civil justice reforms Tuesday, passing HB 1089 by Rep. Dennis Bamburg (R-Bossier City) and HB 437 by Rep. Michael Melerine (R-Shreveport) with bipartisan support.
Protecting Future Medical Awards — HB 1089
HB 1089 passed the House by a vote of 67-29. The legislation tackles how future medical awards are handled after a lawsuit and reflects a continued focus by LABI on bringing greater accountability and long-term sustainability to Louisiana’s legal system. The bill creates CARE Accounts—dedicated, money-market-style accounts designed specifically to support an injured person’s medical needs for the rest of their life by paying for care when necessary.
Under the proposal, future medical awards would be deposited into CARE Accounts and limited to qualified medical expenses, helping ensure funds remain available throughout a claimant’s lifetime. The intent is straightforward: medical awards should be used for actual future medical care, as needed, to protect injured parties and ensure they have resources necessary to obtain care. Importantly, the bill does not affect awards for pain and suffering or lost future earnings.
Amendments adopted on the House Floor refined definitions, excluded certain judgments such as intentional torts and sexual assault cases, clarified treatment of Medicare set-asides and established a timeline for unspent funds to revert to the account funder once the claimant has passed away. By ensuring medical awards are used only for legitimate expenses and only as they arise, the approach helps limit costs to what is actually needed and used. When insurers are able to recover even a portion of funds that would otherwise go unused, those dollars flow back into the broader insurance pool—helping reduce pressure on long-term insurance costs while still protecting lifetime access to care.
Strengthening Expert Witness Standards — HB 437
The House also passed HB 437, 75-18, a measure designed to strengthen the integrity of expert testimony in Louisiana courts. The bill prohibits outcome-based compensation for expert witnesses while continuing to allow standard payment for time and professional services. Floor amendments were also adopted on this bill to address concerns shared in committee.
Additionally, the legislation increases transparency by requiring disclosure of prior cases involving outcome-based financial interests and reinforces judicial gatekeeping to ensure expert testimony presented to juries is reliable and neutral.
Together, the bills represent continued progress on civil justice reforms aimed at improving transparency, fairness and confidence in Louisiana’s civil justice system.