                                 CODE OF VIRGINIA

AUTHENTICITY AND REASONABLENESS OF MEDICAL BILLS; PRESUMPTION (§ 8.01-413.01)

A. For the purposes of this section, &#8220;bill&#8221; 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. In any action for personal injuries, wrongful death, or for medical expense
benefits payable under a motor vehicle insurance policy issued pursuant to
&#xA7; 38.2-124 or &#xA7; 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&#8217;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&#8217;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. 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.

HISTORY: 1993, c. 610; 1996, c. 516; 1997, c. 503; 2016, c. 243; 2022, cc. 469,
470.