Mass. Gen. Laws » Part III Title II Chapter 233
Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 79G (2026)

Medical and hospital services; evidence

✓ current as of July 2026
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Section 79G. In any proceeding commenced in any court, commission or agency, an itemized bill and reports, including hospital medical records, relating to medical, dental, hospital services, prescriptions, or orthopedic appliances rendered to or prescribed for a person injured, or any report of any examination of said injured person, including, but not limited to hospital medical records subscribed and sworn to under the penalties of perjury by the physician, dentist, authorized agent of a hospital or health maintenance organization rendering such services or by the pharmacist or retailer of orthopedic appliances, shall be admissible as evidence of the fair and reasonable charge for such services or the necessity of such services or treatments, the diagnosis of said physician or dentist, the prognosis of such physician or dentist, the opinion of such physician or dentist as to proximate cause of the condition so diagnosed, the opinion of such physician or dentist as to disability or incapacity, if any, proximately resulting from the condition so diagnosed; provided, however, that written notice of the intention to offer such bill or report as such evidence, together with a copy thereof, has been given to the opposing party or parties, or to his or their attorneys, by mailing the same by certified mail, return receipt requested, not less than ten days before the introduction of same into evidence, and that an affidavit of such notice and the return receipt is filed with the clerk of the court, agency or commission forthwith after said receipt has been returned. Nothing contained in this section shall be construed to limit the right of any party to the action to summon, at his own expense, such physician, dentist, pharmacist, retailer of orthopedic appliances or agent of such hospital or health maintenance organization or the records of such hospital or health maintenance organization for the purpose of cross examination with respect to such bill, record and report or to rebut the contents thereof, or for any other purpose, nor to limit the right of any party to the action or proceeding to summon any other person to testify in respect to such bill, record or report or for any other purpose.

The words ''physician'' and ''dentist'' shall not include any person who is not licensed to practice as such under the laws of the jurisdiction within which such services were rendered, but shall include chiropodists, chiropractors, optometrists, osteopaths, physical therapists, podiatrists, psychologists and other medical personnel licensed to practice under the laws of the jurisdiction within which such services were rendered.

The word ''hospital'' shall mean any hospital required to keep records under section seventy of chapter one hundred and eleven, or which is in any way licensed or regulated by the laws of any other state, or by the laws and regulations of the United States of America, including hospitals of the Veterans Administration or similar type institutions, whether incorporated or not.

The words ''health maintenance organization'' shall have the same meaning as defined in section one of chapter one hundred and seventy-six G.

Notes of Decisions
Cited in 90 cases (10 in the last 5 years), 1973–2026 · leading case: Commonwealth v. Palacios, 90 Mass. App. Ct. 722 (Mass. App. Ct. 2016).
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Commonwealth v. Palacios, 90 Mass. App. Ct. 722 (Mass. App. Ct. 2016). · cites it 4× “233, § 79, and G. L. c. 233, § 79G. Section 79, as appearing in St.”
Commonwealth v. Schutte, 756 N.E.2d 48 (Mass. App. Ct. 2001). · cites it 7× “We reverse on the ground that the judge erroneously excluded a report from the defendant’s physician that was admissible under G. L. c. 233, § 79G. We also briefly discuss other issues.”
Coll.-Town, Div. of Interco, Inc. v. Massachusetts Comm'n Against Discrimination, 508 N.E.2d 587 (Mass. 1987). · cites it 2× “There was no error in the hearing commissioner's decision to admit in evidence a letter from a psychologist who had treated Rizzi, and a statement of charges for the treatment.”
Bailey v. Cataldo Ambulance Serv., Inc., 832 N.E.2d 12 (Mass. App. Ct. 2005). · cites it 4× “At the eventual trial on their personal injury complaint, the Baileys submitted medical bills and records certified pursuant to G. L. c. 233, § 79G, and each testified to the circumstances of the incident, the course of Mrs.”
Commonwealth v. Mercado, 896 N.E.2d 1262 (Mass. 2008). · cites it 3× “The latter records were admitted as hospital records pursuant to G. L. c. 233, § 79G. 9 They documented the defendant’s troubled past, including violent tendencies that long predated the instant attack.”
Scott v. Garfield, 454 Mass. 790 (Mass. 2009). · cites it 2× “…billed (in and of themselves) by summoning Scott’s medical providers for cross-examination with respect to the bills. G. L. c. 233, § 79G.”
Commonwealth v. Irene, 970 N.E.2d 291 (Mass. 2012). · cites it 2× “” G. L. c. 233, § 79G (§ 79G). Such reports are admissible as evidence of the diagnosis, *612 prognosis, and opinions of a physician as to the proximate cause of the condition so diagnosed.”
Scalia v. Liberty Mut. Ins., 1995 Mass. App. Div. 69 (Mass. Dist. Ct., App. Div. 1995). · cites it 3× “Notably absent from the defendant’s submission was any reference to the plaintiff’s G.L.c. 233, §79G introduction of the reports and itemized bills of her chiropractor, Dr.”
Commonwealth v. Medeiros, 921 N.E.2d 98 (Mass. 2010). · cites it 2× “233, § 79, or G. L. c. 233, § 79G, 2 but as “an act of discretion,” she agreed to admit *55 them at defense counsel’s request in spite of this technical shortcoming.”
Gompers v. Finnell, 616 N.E.2d 490 (Mass. App. Ct. 1993). · cites it 4× “They also challenge the admissibility of certain evidence used to establish the link — hospital and clinic bills certified under G. L. c. 233, § 79G. The first point is without merit.”
Timmons v. Massachusetts Bay Transp. Auth., 591 N.E.2d 667 (Mass. 1992). · cites it 4× “*648 The plaintiffs evidence in this case essentially consisted of three elements: the plaintiffs own testimony; medical records admitted under G. L. c. 233, § 79G (1990 ed.); and testimony from the plaintiffs expert witness, K.”
O'malley v. Soske, 923 N.E.2d 552 (Mass. App. Ct. 2010). · cites it 8× “The plaintiff objected to the introduction of the report, claiming that because it was prepared for the purpose of litigation, the report was not admissible pursuant to G. L. c. 233, § 79G. The judge overruled the objection.”
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