ROBERT L. EHRLICH, JR., Governor                                Ch. 5

(II) THE TOTAL AMOUNT OF PAST MEDICAL EXPENSES INCURRED
BUT NOT PAID BY OR ON BEHALF OF THE PLAINTIFF FOR WHICH THE PLAINTIFF OR
ANOTHER PERSON ON BEHALF OF THE PLAINTIFF IS OBLIGATED TO PAY.

(2) THE VERDICT FOR PAST OR FUTURE LOSS OF EARNINGS SHALL
EXCLUDE ANY AMOUNT FOR FEDERAL, STATE, OR LOCAL INCOME TAXES OR
PAYROLL TAXES, INCLUDING SOCIAL SECURITY AND MEDICARE, THAT THE
PLAINTIFF WOULD HAVE PAID ON THESE EARNINGS, DETERMINED AT THE TAX
RATES IN EFFECT FOR THE PLAINTIFF AT THE TIME THE VERDICT IS ENTERED BE
LIMITED TO 85% OF PAST OR FUTURE LOSS OF EARNINGS.

(3) (I) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, THERE
IS A REBUTTABLE PRESUMPTION THAT THE MEDICARE REIMBURSEMENT RATES IN
EFFECT ON THE DATE OF THE VERDICT FOR THE LOCALITY IN WHICH THE CARE IS
TO BE PROVIDED, ADJUSTED FOR INFLATION AS PROVIDED IN SUBPARAGRAPH (V) OF
THIS PARAGRAPH, ARE FAIR AND REASONABLE AMOUNTS FOR FUTURE MEDICAL
EXPENSES.

(II) IF ON THE DATE OF THE VERDICT, THE MEDICARE WAIVER
UNDER § 1814(B) OF THE FEDERAL SOCIAL SECURITY ACT IS IN EFFECT, THERE IS A
REBUTTABLE PRESUMPTION THAT THE RATES APPROVED BY THE HEALTH SERVICES
COST REVIEW COMMISSION IN EFFECT ON THE DATE OF THE VERDICT FOR THE
HOSPITAL FACILITY IN WHICH SERVICES ARE TO BE PROVIDED, ADJUSTED FOR
INFLATION AS PROVIDED IN THE ANNUAL RATE UPDATES APPROVED BY THE
HEALTH SERVICES COST REVIEW COMMISSION, ARE FAIR AND REASONABLE
AMOUNTS FOR FUTURE MEDICAL EXPENSES FOR HOSPITAL FACILITY SERVICES.

(III) THERE IS A REBUTTABLE PRESUMPTION THAT THE STATEWIDE
AVERAGE PAYMENT RATE FOR THE MEDICAL ASSISTANCE PROGRAM DETERMINED
BY THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE IN EFFECT ON THE DATE
OF THE VERDICT, ADJUSTED FOR INFLATION AS PROVIDED IN SUBPARAGRAPH (V) OF
THIS PARAGRAPH, IS A FAIR AND REASONABLE AMOUNT FOR FUTURE MEDICAL
EXPENSES FOR NURSING FACILITY SERVICES.

(IV) A VERDICT FOR FUTURE MEDICAL EXPENSES FOR WHICH
THERE IS NO MEDICARE REIMBURSEMENT RATE, HOSPITAL FACILITY RATE, OR
STATEWIDE AVERAGE PAYMENT RATE SHALL BE BASED ON ACTUAL COST ON THE
DATE OF THE VERDICT, ADJUSTED FOR INFLATION AS PROVIDED IN SUBPARAGRAPH
(V) OF THIS PARAGRAPH.

(V) 1. FUTURE MEDICAL EXPENSES SHALL BE ADJUSTED FOR
INFLATION FOR THE EXPENDITURE CATEGORY OF THE CONSUMER PRICE INDEX
PUBLISHED BY THE BUREAU OF LABOR STATISTICS TO WHICH THE EXPENSE

APPLIES.

2. THE ADJUSTMENT FOR INFLATION IN THIS PARAGRAPH
SHALL BE BASED ON THE AVERAGE RATE OF INFLATION FOR THE 5 YEARS
IMMEDIATELY PRECEDING THE AWARD OR VERDICT.

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