REPORT TITLE:
Paid Bills; Admissibility


DESCRIPTION:
Amends chapter 622, HRS, to add a new part on admissibility of
paid bills in court.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2206
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE ADMISSIBILITY OF PAID BILLS IN COURT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to provide that in
 
 2 civil proceedings, on testimony by a party or certain other
 
 3 person, a paid bill for goods or services provided is admissible
 
 4 to prove, without the testimony of the provider of the goods or
 
 5 services, that the bill is authentic, and that charges of the
 
 6 provider are fair, reasonable, and appropriate.
 
 7      SECTION 2.  Chapter 622, Hawaii Revised Statutes, is amended
 
 8 by adding a new part to be appropriately designated and to read
 
 9 as follows:
 
10              "PART   . BILLS FOR GOODS OR SERVICES
 
11      §622-  Bill for goods, services; admissibility.(a)
 
12 Subject to this part, a bill for goods or services provided and
 
13 the fairness, reasonableness, and appropriateness of the charges
 
14 of the provider of the goods or services represented by the bill,
 
15 without the testimony of the provider of the goods or services,
 
16 may be admitted into evidence under this section.  Upon
 
17 introduction, the bill shall be deemed prima facie evidence and
 
18 authentic.  No further showing need be made.
 
19      (b)  The bill shall be admitted on the testimony of the
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 party or any other person with personal knowledge by:
 
 2      (1)  Identifying the original bill or an authenticated copy;
 
 3      (2)  Identifying the provider of the goods or services;
 
 4      (3)  Explaining the circumstances surrounding the receipt of
 
 5           the bill;
 
 6      (4)  Describing the goods or services provided;
 
 7      (5)  Stating that the goods or services were provided in
 
 8           connection with the event giving rise to the action;
 
 9           and
 
10      (6)  Stating that bill was paid.
 
11      (c)  Subsections (a) and (b) apply only if, at least sixty
 
12 days before the beginning of a trial, the party who intends to
 
13 introduce the bill files with the clerk of the court and serves
 
14 on all other parties as provided in this subsection:
 
15      (1)  Notice of the parties' intent to introduce the bill
 
16           without the support of the testimony of the provider of
 
17           the goods or services that were billed; and
 
18      (2)  A copy of the bill.
 
19      (d)  Nothing in this section shall be construed to:
 
20      (1)  Apply to proof of the existence of a medical, dental,
 
21           or other health condition, the opinion of a health care
 
22           provider, or the necessity of providing medical,
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           dental, or other health care; or
 
 2      (2)  Limit the right of a party to:
 
 3           (A)  Request a summons to compel the attendance of a
 
 4                witness;
 
 5           (B)  Examine a witness who appears at trial; or
 
 6           (C)  Engage in discovery, as provided by law."
 
 7      SECTION 3.  This Act shall take effect January 1, 2001.
 
 8 
 
 9                           INTRODUCED BY:  _______________________