Connecticut 2025 Regular Session

Connecticut Senate Bill SB01329 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	LCO No. 4584 1 of 3
4	4
5	5	General Assembly Raised Bill No. 1329
6	6	January Session, 2025
7	7	LCO No. 4584
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING THE REDUCTION OF ECONOMIC DAMAGES
20	20	IN A PERSONAL INJURY OR WRONGFUL DEATH ACTION FOR
21	21	COLLATERAL SOURCE PAYMENTS MADE ON BEHALF OF A
22	22	CLAIMANT.
23	23	Be it enacted by the Senate and House of Representatives in General
24	24	Assembly convened:
25	25
26	26	Section 1. Section 52-225a of the general statutes is repealed and the 1
27	27	following is substituted in lieu thereof (Effective October 1, 2025): 2
28	28	(a) In any civil action, whether in tort or in contract, wherein (1) the 3
29	29	claimant seeks to recover damages resulting from [(1)] personal injury 4
30	30	or wrongful death, [occurring on or after October 1, 1987, or (2) personal 5
31	31	injury or wrongful death, arising out of the rendition of professional 6
32	32	services by a health care provider, occurring on or after October 1, 1985, 7
33	33	and prior to October 1, 1986, if the action was filed on or after October 8
34	34	1, 1987, and wherein] and (2) liability is admitted or is determined by 9
35	35	the trier of fact and damages are awarded to compensate the claimant, 10
36	36	the court shall reduce the amount of such award which represents 11
37	37	economic damages, as defined in subdivision (1) of subsection (a) of 12
38	38	section 52-572h, by an amount equal to the total of amounts determined 13
39	39	to have been paid under subsection (b) of this section less the total of 14
40	40	Raised Bill No. 1329
41	41
42	42
43	43
44	44	LCO No. 4584 2 of 3
45	45
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 (A) subject to a right of subrogation, (B) agreed upon in full 18
50	50	satisfaction of any right of subrogation, (C) to which a right of 19
51	51	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 29
61	61	any right of subrogation, and (4) to which a right of subrogation has not 30
62	62	been 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	Raised Bill No. 1329
80	80
81	81
82	82
83	83	LCO No. 4584 3 of 3
84	84
85	85	(c) The court shall receive evidence from the claimant and any other 48
86	86	appropriate person concerning any amount which has been paid, 49
87	87	contributed or forfeited, as of the date the court enters judgment, by, or 50
88	88	on behalf of, the claimant or members of his immediate family to secure 51
89	89	his right to any collateral source benefit which he has received as a result 52
90	90	of such injury or death. 53
91	91	This act shall take effect as follows and shall amend the following
92	92	sections:
93	93
94	94	Section 1 October 1, 2025 52-225a
95	95
96	96	Statement of Purpose:
97	97	To permit a post-verdict collateral source reduction in damages in
98	98	certain personal injury or wrongful death actions involving a right of
99	99	subrogation.
100	100
101	101	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
102	102	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
103	103	underlined.]
104	104