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General Assembly Raised Bill No. 969
January Session, 2019
LCO No. 5064
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING TH E REDUCTION OF ECONOMIC DAMAGES
IN A PERSONAL INJURY OR WRONGFUL DEATH AC TION FOR
COLLATERAL SOURCE PA YMENTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 52-225a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) In any civil action, whether in tort or in contract, wherein (1) the 3
claimant seeks to recover damages resulting from [(1)] personal injury 4
or wrongful death, [occurring on or after October 1, 1987, or (2) 5
personal injury or wrongful death, arising out of the rendition of 6
professional services by a health care provider, occurring on or after 7
October 1, 1985, and prior to October 1, 1986, if the action was filed on 8
or after October 1, 1987, and wherein] and (2) liability is admitted or is 9
determined by the trier of fact and damages are awarded to 10
compensate the claimant, the court shall reduce the amount of such 11
award which represents economic damages, as defined in subdivision 12
(1) of subsection (a) of section 52-572h, by an amount equal to the total 13
of amounts determined to have been paid under subsection (b) of this 14 Raised Bill No. 969
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section less the total of amounts determined to have been paid, 15
contributed or forfeited under subsection (c) of this section, except that 16
there shall be no reduction for [(A) a collateral source for which a right 17
of subrogation exists, and (B) the amount] the amount (A) subject to a 18
right of subrogation, (B) agreed upon in full satisfaction of any right of 19
subrogation, (C) to which a right of subrogation has not been waived, 20
limited or extinguished, or (D) of collateral sources equal to the 21
reduction in the claimant's economic damages attributable to the 22
claimant's percentage of negligence pursuant to section 52-572h. 23
(b) Upon a finding of liability and an awarding of damages by the 24
trier of fact and before the court enters judgment, the court shall 25
receive evidence from the claimant and other appropriate persons 26
concerning: [the] (1) The total amount of collateral sources which have 27
been paid for the benefit of the claimant as of the date the court enters 28
judgment, (2) the total amounts subject to a right of subrogation, (3) 29
the total amounts agreed upon in full satisfaction of a right of 30
subrogation, and (4) the total amount to which a right of subrogation 31
has not been waived, limited or extinguished. For purposes of this 32
subsection, evidence that a physician or physician assistant, dentist, 33
chiropractor, naturopath, physical therapist, podiatrist, psychologist, 34
social worker, mental health professional, an emergency medical 35
technician, optometrist, or advanced practice registered nurse, 36
accepted an amount less than the total amount of any bill generated by 37
such physician, physician assistant, dentist, chiropractor, naturopath, 38
physical therapist, podiatrist, psychologist, social worker, mental 39
health professional, emergency medical technician, optometrist or 40
advanced practice registered nurse, or evidence that an insurer paid 41
less than the total amount of any bill generated by such physician, 42
physician assistant, dentist, chiropractor, naturopath, physical 43
therapist, podiatrist, psychologist, social worker, mental health 44
professional, emergency medical technician, optometrist or advanced 45
practice registered nurse, shall be admissible as evidence of the total 46
amount of collateral sources which have been paid for the benefit of 47
the claimant as of the date the court enters judgment. 48 Raised Bill No. 969
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(c) The court shall receive evidence from the claimant and any other 49
appropriate person concerning any amount which has been paid, 50
contributed or forfeited, as of the date the court enters judgment, by, or 51
on behalf of, the claimant or members of [his] the claimant's immediate 52
family to secure his or her right to any collateral source benefit which 53
[he] the claimant has received as a result of such injury or death. 54
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 52-225a
Statement of Purpose:
To permit a post-verdict collateral source reduction in damages in
certain personal injury or wrongful death matters involving a right of
subrogation.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]