Connecticut 2021 Regular Session

Connecticut House Bill HB06465 Compare Versions

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

Old	New	Differences
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4	4	LCO No. 3424 1 of 3
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6	6	General Assembly Raised Bill No. 6465
7	7	January Session, 2021
8	8	LCO No. 3424
9	9
10	10
11	11	Referred to Committee on JUDICIARY
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13	13
14	14	Introduced by:
15	15	(JUD)
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20	20	AN ACT CONCERNING TH E REDUCTION OF ECONO MIC DAMAGES
21	21	IN A PERSONAL INJURY OR WRONGFUL DEATH ACTIO N FOR
22	22	COLLATERAL SOURCE PA YMENTS MADE ON BEHAL F OF A
23	23	CLAIMANT.
24	24	Be it enacted by the Senate and House of Representatives in General
25	25	Assembly convened:
26	26
27	27	Section 1. Section 52-225a of the general statutes is repealed and the 1
28	28	following is substituted in lieu thereof (Effective October 1, 2021): 2
29	29	(a) In any civil action, whether in tort or in contract, wherein (1) the 3
30	30	claimant seeks to recover damages resulting from [(1)] personal injury 4
31	31	or wrongful death, [occurring on or after October 1, 1987, or (2) personal 5
32	32	injury or wrongful death, arising out of the rendition of professional 6
33	33	services by a health care provider, occurring on or after October 1, 1985, 7
34	34	and prior to October 1, 1986, if the action was filed on or after October 8
35	35	1, 1987, and wherein] and (2) liability is admitted or is determined by 9
36	36	the trier of fact and damages are awarded to compensate the claimant, 10
37	37	the court shall reduce the amount of such award which represents 11
38	38	economic damages, as defined in subdivision (1) of subsection (a) of 12
39	39	section 52-572h, by an amount equal to the total of amounts determined 13
40	40	to have been paid under subsection (b) of this section less the total of 14 Raised Bill No. 6465
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42	42
43	43
44	44	LCO No. 3424 2 of 3
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46	46	amounts determined to have been paid, contributed or forfeited under 15
47	47	subsection (c) of this section, except that there shall be no reduction for 16
48	48	[(A) a collateral source for which a right of subrogation exists, and (B) 17
49	49	the amount] the amount (A) subject to a right of subrogation, (B) agreed 18
50	50	upon in full satisfaction of any right of subrogation, (C) to which a right 19
51	51	of subrogation has not been waived, limited or extinguished, or (D) of 20
52	52	collateral sources equal to the reduction in the claimant's economic 21
53	53	damages attributable to the claimant's percentage of negligence 22
54	54	pursuant to section 52-572h. 23
55	55	(b) Upon a finding of liability and an awarding of damages by the 24
56	56	trier of fact and before the court enters judgment, the court shall receive 25
57	57	evidence from the claimant and other appropriate persons concerning 26
58	58	the total amount: [of] (1) Of collateral sources which have been paid for 27
59	59	the benefit of the claimant as of the date the court enters judgment, (2) 28
60	60	subject to a right of subrogation, (3) agreed upon in full satisfaction of a 29
61	61	right of subrogation, and (4) to which a right of subrogation has not been 30
62	62	waived, limited or extinguished. For purposes of this subsection, 31
63	63	evidence that a physician or physician assistant, dentist, chiropractor, 32
64	64	naturopath, physical therapist, podiatrist, psychologist, social worker, 33
65	65	mental health professional, an emergency medical technician, 34
66	66	optometrist, or advanced practice registered nurse, accepted an amount 35
67	67	less than the total amount of any bill generated by such physician, 36
68	68	physician assistant, dentist, chiropractor, naturopath, physical 37
69	69	therapist, podiatrist, psychologist, social worker, mental health 38
70	70	professional, emergency medical technician, optometrist or advanced 39
71	71	practice registered nurse, or evidence that an insurer paid less than the 40
72	72	total amount of any bill generated by such physician, physician 41
73	73	assistant, dentist, chiropractor, naturopath, physical therapist, 42
74	74	podiatrist, psychologist, social worker, mental health professional, 43
75	75	emergency medical technician, optometrist or advanced practice 44
76	76	registered nurse, shall be admissible as evidence of the total amount of 45
77	77	collateral sources which have been paid for the benefit of the claimant 46
78	78	as of the date the court enters judgment. 47
79	79	(c) The court shall receive evidence from the claimant and any other 48 Raised Bill No. 6465
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82	82
83	83	LCO No. 3424 3 of 3
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85	85	appropriate person concerning any amount which has been paid, 49
86	86	contributed or forfeited, as of the date the court enters judgment, by, or 50
87	87	on behalf of, the claimant or members of his immediate family to secure 51
88	88	his right to any collateral source benefit which he has received as a result 52
89	89	of such injury or death. 53
90	90	This act shall take effect as follows and shall amend the following
91	91	sections:
92	92
93	93	Section 1 October 1, 2021 52-225a
94	94
95	95	Statement of Purpose:
96	96	To permit a post-verdict collateral source reduction in damages in
97	97	certain personal injury or wrongful death matters involving a right of
98	98	subrogation.
99	99	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
100	100	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
101	101	underlined.]
102	102