A. Upon the trial of any civil action arising from personal injury, the actual amounts paid for any services in the treatment of the injured party, including doctor bills, hospital bills, ambulance service bills, drug and other prescription bills, and similar bills shall be the amounts admissible at trial, not the amounts billed for such expenses incurred in the treatment of the party. If, in addition to evidence of payment, a party submits a signed statement acknowledged by the medical provider or an authorized representative or sworn testimony that the provider will accept the amount paid as full payment of the obligations, the statement or testimony shall be admitted into evidence. The statement or testimony shall be part of the record as an exhibit but need not be shown to the jury. If a medical provider has filed a lien in the case for an amount in excess of the amount paid, then the bills in excess of the amount paid, but not more than the amount of the lien, shall be admissible.
§ 3009.1.Personal Injury Suits - Medical Bills - Evidence
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2015 · Last verified August 3, 2026
In one sentenceLimits the medical bills admissible in an Oklahoma personal-injury trial to the amounts paid, or, if unpaid, the applicable Medicare reimbursement rate, rather than the amounts billed, unless no qualifying payment statement is provided or a provider's lien exceeds that amount.
Full Text of § 3009.1
B. If no payment has been made, the Medicare reimbursement rates in effect when the personal injury occurred, not the amounts billed, shall be admissible if, in addition to evidence of nonpayment, a party submits a signed statement acknowledged by the medical provider or an authorized representative or sworn testimony that the provider will accept payment at the Medicare reimbursement rate less cost of recovery as provided in Medicare regulations as full payment of the obligation. The statement or testimony shall be admitted into evidence and shall be part of the record as an exhibit but need not be shown to the jury. If a medical provider has filed a lien in the case for an amount in excess of the Medicare rate, then the bills in excess of the amount of the Medicare rate, but not more than the amount of the lien, shall be admissible.
C. If no bills have been paid, or no statement acknowledged by the medical provider or sworn testimony as provided in subsections A and B of this section is provided to the opposing party and listed as an exhibit by the final pretrial hearing, then the amount billed shall be admissible at trial subject to the limitations regarding any lien filed in the case.
D. This section shall apply to civil actions arising from personal injury filed on or after November 1, 2015.
Amendment History
Amended by Laws 2015, c. 337, s. 1, eff. 11/1/2015. Added by Laws 2011, HB 2023, c. 198, §1, eff. 11/1/2011.
Plain-English Summary
Section 3009.1 shifts what a jury sees in a personal-injury case from sticker price to what changed hands. If medical bills were paid, the amounts paid, not the amounts originally billed, are what's admissible, provided the party also submits a statement or sworn testimony that the provider will accept that payment as payment in full. That statement goes into the record as an exhibit but doesn't go to the jury.
If nothing's been paid yet, subsection B substitutes the Medicare reimbursement rate in effect when the injury occurred, again paired with a statement or testimony that the provider will accept that rate, less the cost of recovery, as full payment. Subsection C falls back to the full billed amount if no bills have been paid and no qualifying statement or testimony was provided to the opposing party and listed as an exhibit by the final pretrial hearing. In every scenario, if a medical provider has filed a lien for more than the paid amount or Medicare rate, the excess is admissible up to the amount of the lien. Subsection D limits the whole section to personal-injury actions filed on or after November 1, 2015.
Frequently Asked Questions
Can a jury see the full sticker price of medical bills, or just what was paid?
Generally just the amounts paid, if a qualifying acceptance statement or sworn testimony is also submitted; the billed amount doesn't come in unless one of the section's exceptions applies.
What happens if the medical bills haven't been paid yet?
The Medicare reimbursement rate in effect when the injury occurred is admissible instead of the billed amount, paired with a statement or testimony that the provider will accept that rate as full payment.
When does the full billed amount become admissible?
If no bills have been paid, or no qualifying statement or testimony was given to the opposing party and listed as an exhibit by the final pretrial hearing.
Does a medical provider's lien change what's admissible?
Yes, if a lien exceeds the amount paid or the Medicare rate, the excess is admissible up to the amount of the lien.
Does this section apply to injuries that happened before November 1, 2015?
No, subsection D limits it to personal-injury actions filed on or after that date.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma paid vs billed medical damages12 O.S. § 3009.1medicare rate evidence personal injury oklahomacollateral source medical bills oklahoma statute