§ 9-19-27 - Evidence of charges for medical and hospital services and for prescriptions and orthopedic appliances – Evidence required from hospital medical records.
SECTION 9-19-27
§ 9-19-27 Evidence of charges for medicaland hospital services and for prescriptions and orthopedic appliances –Evidence required from hospital medical records. – (a) In any proceeding commenced in any court, commission, or agency, anitemized bill and reports, whether originating within this state or any otherstate, including hospital medical records, relating to medical, dental,hospital services, prescriptions, or orthopedic appliances rendered to orprescribed for a person injured, and/or any report of any examination of theinjured person, including, but not limited to, hospital medical recordssubscribed and sworn to under the penalties of perjury by the physician,dentist, or authorized agent of the hospital rendering the services or by thepharmacist or retailer of orthopedic appliances, shall be admissible asevidence of the fair and reasonable charge for the services and/or thenecessity of the services or treatment, the diagnosis of the physician ordentist, the prognosis of the physician or dentist; the opinion of thephysician or dentist as to proximate cause of the condition so diagnosed, andthe opinion of the physician or dentist as to disability or incapacity, if any,proximately resulting from the condition so diagnosed; and, provided, further,that written notice of the intention to offer the bill or report as suchevidence, together with a copy thereof, has been given to the opposing party orparties, or to his or her or their attorneys, by mailing the notice bycertified mail, return receipt requested, not less than ten (10) days beforethe introduction of the bill or report into evidence, and that an affidavit ofthe notice and the return receipt is filed with the clerk of the courtforthwith after the receipt has been returned. Nothing contained in thissection shall be construed to limit the right of any party to the action tosummon or depose, at his or her own expense, the physician, dentist,pharmacist, retailer of orthopedic appliances, or agent of the hospital for thepurpose of cross examination with respect to the bill, record, and report or torebut the contents thereof, or for any other purpose, nor to limit the right ofany party to the action to summon or depose any other person to testify inrespect to the bill, record, and/or report or for any other purpose.
(b) The words "physician", and "dentist" shall not includeany person who is not licensed to practice as such under the laws of thejurisdiction within which the services were rendered, but shall includechiropodists, chiropractors, optometrists, osteopaths, physical therapists,psychologists, and other medical personnel licensed to practice under title 5or under the laws of the jurisdiction within which the services were rendered.
(c) The word "hospital" shall mean any hospital required toincorporate under title 7, or which is in any way licensed or regulated by thelaws of any other state, or by the laws and regulations of the United States,including hospitals of the veterans administration or similar typeinstitutions, whether incorporated or not.
(d) Any party objecting to the admitting into evidence of theaffidavit shall file an objection specifying the grounds thereof within ten(10) days of receipt of the affidavit, or said objections are waived.