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General Assembly Raised Bill No. 6465
January Session, 2021
LCO No. 3424
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING TH E REDUCTION OF ECONO MIC DAMAGES
IN A PERSONAL INJURY OR WRONGFUL DEATH ACTIO N FOR
COLLATERAL SOURCE PA YMENTS MADE ON BEHAL F OF A
CLAIMANT.
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 Section 52-225a of the general statutes is repealed and the 1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, 2021): 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) personal 5
injury or wrongful death, arising out of the rendition of professional 6
services by a health care provider, occurring on or after October 1, 1985, 7
and prior to October 1, 1986, if the action was filed on or after October 8
1, 1987, and wherein] and (2) liability is admitted or is determined by 9
the trier of fact and damages are awarded to compensate the claimant, 10
the court shall reduce the amount of such award which represents 11
economic damages, as defined in subdivision (1) of subsection (a) of 12
section 52-572h, by an amount equal to the total of amounts determined 13
to have been paid under subsection (b) of this section less the total of 14 Raised Bill No. 6465
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amounts determined to have been paid, contributed or forfeited under 15
subsection (c) of this section, except that there shall be no reduction for 16
[(A) a collateral source for which a right of subrogation exists, and (B) 17
the amount] the amount (A) subject to a right of subrogation, (B) agreed 18
upon in full satisfaction of any right of subrogation, (C) to which a right 19
of subrogation has not been waived, limited or extinguished, or (D) of 20
collateral sources equal to the reduction in the claimant's economic 21
damages attributable to the claimant's percentage of negligence 22
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 receive 25
evidence from the claimant and other appropriate persons concerning 26
the total amount: [of] (1) Of collateral sources which have been paid for 27
the benefit of the claimant as of the date the court enters judgment, (2) 28
subject to a right of subrogation, (3) agreed upon in full satisfaction of a 29
right of subrogation, and (4) to which a right of subrogation has not been 30
waived, limited or extinguished. For purposes of this subsection, 31
evidence that a physician or physician assistant, dentist, chiropractor, 32
naturopath, physical therapist, podiatrist, psychologist, social worker, 33
mental health professional, an emergency medical technician, 34
optometrist, or advanced practice registered nurse, accepted an amount 35
less than the total amount of any bill generated by such physician, 36
physician assistant, dentist, chiropractor, naturopath, physical 37
therapist, podiatrist, psychologist, social worker, mental health 38
professional, emergency medical technician, optometrist or advanced 39
practice registered nurse, or evidence that an insurer paid less than the 40
total amount of any bill generated by such physician, physician 41
assistant, dentist, chiropractor, naturopath, physical therapist, 42
podiatrist, psychologist, social worker, mental health professional, 43
emergency medical technician, optometrist or advanced practice 44
registered nurse, shall be admissible as evidence of the total amount of 45
collateral sources which have been paid for the benefit of the claimant 46
as of the date the court enters judgment. 47
(c) The court shall receive evidence from the claimant and any other 48 Raised Bill No. 6465
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appropriate person concerning any amount which has been paid, 49
contributed or forfeited, as of the date the court enters judgment, by, or 50
on behalf of, the claimant or members of his immediate family to secure 51
his right to any collateral source benefit which he has received as a result 52
of such injury or death. 53
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 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.]