{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-413.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-413.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-413.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-413.01.html"}],"law_id":62732,"edition_id":1,"section_id":62732,"structure_id":14855,"section_number":"8.01-413.01","catch_line":"Authenticity and reasonableness of medical bills; presumption","history":"1993, c. 610; 1996, c. 516; 1997, c. 503; 2016, c. 243; 2022, cc. 469, 470.","full_text":"A\n\nFor the purposes of this section, “bill” means any statement of charges, an invoice, or any other form prepared by a health care provider or its agent, or third-party agent, identifying the costs of health care services provided.B\n\nIn 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) describing the services rendered, and (iii) stating that the services were rendered in connection with treatment for the injuries received in the event giving rise to the action. If the court finds the plaintiff is unable to provide such testimony, the plaintiff’s guardian, agent under an advance directive, or agent under a power of attorney 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 30 days prior to the trial.C\n\nWhere 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 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.","order_by":null,"text":{"0":{"id":228744,"text":"For the purposes of this section, “bill” means any statement of charges, an invoice, or any other form prepared by a health care provider or its agent, or third-party agent, identifying the costs of health care services provided.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":228745,"text":"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) describing the services rendered, and (iii) stating that the services were rendered in connection with treatment for the injuries received in the event giving rise to the action. If the court finds the plaintiff is unable to provide such testimony, the plaintiff’s guardian, agent under an advance directive, or agent under a power of attorney 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 30 days prior to the trial.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":228746,"text":"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 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14855,"edition_id":1,"name":"Medical Evidence","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12870,"metadata":{},"date_created":"2026-06-26 03:50:25","date_modified":"2026-06-26 03:50:25","permalink":{"id":277597,"object_type":"structure","relational_id":14855,"identifier":"7","token":"8.01\/14\/7","url":"\/8.01\/14\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12870,"edition_id":1,"name":"Evidence","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":277357,"object_type":"structure","relational_id":12870,"identifier":"14","token":"8.01\/14","url":"\/8.01\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80770,"structure_id":14855,"section_number":"8.01-413","catch_line":"Certain copies of health care provider's health records of patient admissible; right of patient, his attorney and authorized insurer to copies of such health records; subpoena; damages, costs and attorney fees","url":"\/8.01-413\/","token":"8.01\/14\/7\/8.01-413","metadata":false},{"id":62732,"structure_id":14855,"section_number":"8.01-413.01","catch_line":"Authenticity and reasonableness of medical bills; presumption","url":"\/8.01-413.01\/","token":"8.01\/14\/7\/8.01-413.01","metadata":false},{"id":56770,"structure_id":14855,"section_number":"8.01-413.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","url":"\/8.01-413.02\/","token":"8.01\/14\/7\/8.01-413.02","metadata":false}],"previous_section":{"id":80770,"structure_id":14855,"section_number":"8.01-413","catch_line":"Certain copies of health care provider's health records of patient admissible; right of patient, his attorney and authorized insurer to copies of such health records; subpoena; damages, costs and attorney fees","url":"\/8.01-413\/","token":"8.01\/14\/7\/8.01-413","metadata":false},"next_section":{"id":56770,"structure_id":14855,"section_number":"8.01-413.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","url":"\/8.01-413.02\/","token":"8.01\/14\/7\/8.01-413.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-413.01\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 610 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapter 516<\/a>; in 1997, chapter 503<\/a>; in 2016, chapter 243<\/a>; in 2022, chapters 469<\/a> and 470<\/a>.<\/p>","references":[{"id":64597,"section_number":"16.1-88.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records","order_by":null,"url":"\/16.1-88.2\/"}],"refers_to":[{"id":66976,"section_number":"38.2-124","catch_line":"Motor vehicle","order_by":null,"url":"\/38.2-124\/"},{"id":82480,"section_number":"38.2-2201","catch_line":"Provisions for payment of medical expense and loss of income benefits; assignment of certain benefits","order_by":null,"url":"\/38.2-2201\/"}],"permalink":{"id":277603,"object_type":"law","relational_id":62732,"identifier":"8.01-413.01","token":"8.01\/14\/7\/8.01-413.01","url":"\/8.01-413.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-413.01\/","token":"8.01\/14\/7\/8.01-413.01","dublin_core":{"Title":"Authenticity and reasonableness of medical bills; presumption","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-413.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, “bill<\/span>” means any statement of charges, an invoice, or any other form prepared by a health care provider or its agent, or third-party<\/span> agent, identifying the costs of health care services provided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any action<\/span> for personal injuries, wrongful death, or for medical expense benefits payable under a motor vehicle insurance policy issued pursuant to § 38.2-124<\/a> or § 38.2-2201<\/a>, the authenticity of bills<\/span> for medical services provided and the reasonableness of the charges of the health care provider shall be rebuttably presumed upon identification by the plaintiff<\/span> of the original bill<\/span> or a duly authenticated copy and the plaintiff<\/span>’s testimony<\/span> (i) identifying the health care provider, (ii) describing the services rendered, and (iii) stating that the services were rendered in connection with treatment for the injuries received in the event giving rise to the action<\/span>. If the court<\/span> finds the plaintiff<\/span> is unable to provide such testimony<\/span>, the plaintiff<\/span>’s guardian, agent under an advance directive, or agent under a power of attorney<\/span> may identify the bill<\/span> or an authenticated copy and provide testimony<\/span> in lieu of the plaintiff<\/span>. The presumption<\/span> herein shall not apply unless the opposing party<\/span> or his attorney has been furnished such medical records at least 30 days prior to the trial<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where no medical bill<\/span> is rendered or specific charge made by a health care provider to the insured, an insurer, or any other person<\/span>, the usual and customary fee charged for the service rendered may be established by the testimony<\/span> or the affidavit<\/span> 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<\/span>, the affidavit<\/span> shall be submitted to the opposing party<\/span> or his attorney at least 30 days prior to trial<\/span>. The testimony<\/span> or the affidavit<\/span> is subject to rebuttal<\/span> and may be admitted in the same manner as an original bill<\/span> or authenticated copy described in subsection A. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHENTICITY AND REASONABLENESS OF MEDICAL BILLS; PRESUMPTION (\u00a7 8.01-413.01)\n\nA. For the purposes of this section, “bill” means any statement of\ncharges, an invoice, or any other form prepared by a health care provider or its\nagent, or third-party agent, identifying the costs of health care services\nprovided.\n\nB. In any action for personal injuries, wrongful death, or for medical expense\nbenefits payable under a motor vehicle insurance policy issued pursuant to\n§ 38.2-124 or § 38.2-2201, the authenticity of bills for medical\nservices provided and the reasonableness of the charges of the health care\nprovider shall be rebuttably presumed upon identification by the plaintiff of\nthe original bill or a duly authenticated copy and the plaintiff’s\ntestimony (i) identifying the health care provider, (ii) describing the services\nrendered, and (iii) stating that the services were rendered in connection with\ntreatment for the injuries received in the event giving rise to the action. If\nthe court finds the plaintiff is unable to provide such testimony, the\nplaintiff’s guardian, agent under an advance directive, or agent under a\npower of attorney may identify the bill or an authenticated copy and provide\ntestimony in lieu of the plaintiff. The presumption herein shall not apply\nunless the opposing party or his attorney has been furnished such medical\nrecords at least 30 days prior to the trial.\n\nC. Where no medical bill is rendered or specific charge made by a health care\nprovider to the insured, an insurer, or any other person, the usual and\ncustomary fee charged for the service rendered may be established by the\ntestimony or the affidavit of an expert having knowledge of the usual and\ncustomary fees charged for the services rendered. If the fee is to be\nestablished by affidavit, the affidavit shall be submitted to the opposing party\nor his attorney at least 30 days prior to trial. The testimony or the affidavit\nis subject to rebuttal and may be admitted in the same manner as an original\nbill or authenticated copy described in subsection A.\n\nHISTORY: 1993, c. 610; 1996, c. 516; 1997, c. 503; 2016, c. 243; 2022, cc. 469,\n470.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}