Connecticut 2019 Regular Session

Connecticut Senate Bill SB00969 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	LCO No. 5064 1 of 3
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5	5	General Assembly Raised Bill No. 969
6	6	January Session, 2019
7	7	LCO No. 5064
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9	9
10	10	Referred to Committee on JUDICIARY
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12	12
13	13	Introduced by:
14	14	(JUD)
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19	19	AN ACT CONCERNING TH E REDUCTION OF ECONOMIC DAMAGES
20	20	IN A PERSONAL INJURY OR WRONGFUL DEATH AC TION FOR
21	21	COLLATERAL SOURCE PA YMENTS.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 52-225a of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective October 1, 2019): 2
27	27	(a) In any civil action, whether in tort or in contract, wherein (1) the 3
28	28	claimant seeks to recover damages resulting from [(1)] personal injury 4
29	29	or wrongful death, [occurring on or after October 1, 1987, or (2) 5
30	30	personal injury or wrongful death, arising out of the rendition of 6
31	31	professional services by a health care provider, occurring on or after 7
32	32	October 1, 1985, and prior to October 1, 1986, if the action was filed on 8
33	33	or after October 1, 1987, and wherein] and (2) liability is admitted or is 9
34	34	determined by the trier of fact and damages are awarded to 10
35	35	compensate the claimant, the court shall reduce the amount of such 11
36	36	award which represents economic damages, as defined in subdivision 12
37	37	(1) of subsection (a) of section 52-572h, by an amount equal to the total 13
38	38	of amounts determined to have been paid under subsection (b) of this 14 Raised Bill No. 969
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41	41
42	42	LCO No. 5064 2 of 3
43	43
44	44	section less the total of amounts determined to have been paid, 15
45	45	contributed or forfeited under subsection (c) of this section, except that 16
46	46	there shall be no reduction for [(A) a collateral source for which a right 17
47	47	of subrogation exists, and (B) the amount] the amount (A) subject to a 18
48	48	right of subrogation, (B) agreed upon in full satisfaction of any right of 19
49	49	subrogation, (C) to which a right of subrogation has not been waived, 20
50	50	limited or extinguished, or (D) of collateral sources equal to the 21
51	51	reduction in the claimant's economic damages attributable to the 22
52	52	claimant's percentage of negligence pursuant to section 52-572h. 23
53	53	(b) Upon a finding of liability and an awarding of damages by the 24
54	54	trier of fact and before the court enters judgment, the court shall 25
55	55	receive evidence from the claimant and other appropriate persons 26
56	56	concerning: [the] (1) The total amount of collateral sources which have 27
57	57	been paid for the benefit of the claimant as of the date the court enters 28
58	58	judgment, (2) the total amounts subject to a right of subrogation, (3) 29
59	59	the total amounts agreed upon in full satisfaction of a right of 30
60	60	subrogation, and (4) the total amount to which a right of subrogation 31
61	61	has not been waived, limited or extinguished. For purposes of this 32
62	62	subsection, evidence that a physician or physician assistant, dentist, 33
63	63	chiropractor, naturopath, physical therapist, podiatrist, psychologist, 34
64	64	social worker, mental health professional, an emergency medical 35
65	65	technician, optometrist, or advanced practice registered nurse, 36
66	66	accepted an amount less than the total amount of any bill generated by 37
67	67	such physician, physician assistant, dentist, chiropractor, naturopath, 38
68	68	physical therapist, podiatrist, psychologist, social worker, mental 39
69	69	health professional, emergency medical technician, optometrist or 40
70	70	advanced practice registered nurse, or evidence that an insurer paid 41
71	71	less than the total amount of any bill generated by such physician, 42
72	72	physician assistant, dentist, chiropractor, naturopath, physical 43
73	73	therapist, podiatrist, psychologist, social worker, mental health 44
74	74	professional, emergency medical technician, optometrist or advanced 45
75	75	practice registered nurse, shall be admissible as evidence of the total 46
76	76	amount of collateral sources which have been paid for the benefit of 47
77	77	the claimant as of the date the court enters judgment. 48 Raised Bill No. 969
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81	81	LCO No. 5064 3 of 3
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83	83	(c) The court shall receive evidence from the claimant and any other 49
84	84	appropriate person concerning any amount which has been paid, 50
85	85	contributed or forfeited, as of the date the court enters judgment, by, or 51
86	86	on behalf of, the claimant or members of [his] the claimant's immediate 52
87	87	family to secure his or her right to any collateral source benefit which 53
88	88	[he] the claimant has received as a result of such injury or death. 54
89	89	This act shall take effect as follows and shall amend the following
90	90	sections:
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92	92	Section 1 October 1, 2019 52-225a
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94	94	Statement of Purpose:
95	95	To permit a post-verdict collateral source reduction in damages in
96	96	certain personal injury or wrongful death matters involving a right of
97	97	subrogation.
98	98	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
99	99	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
100	100	not underlined.]
101	101