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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5903 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002299 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- |
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| 16 | 16 | | EVIDENCE |
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| 17 | 17 | | Introduced By: Representative Robert E. Craven |
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| 18 | 18 | | Date Introduced: February 28, 2025 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | (by request) |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 9-19-34.1 of the General Laws in Chapter 9-19 entitled "Evidence" 1 |
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| 24 | 24 | | is hereby repealed. 2 |
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| 25 | 25 | | 9-19-34.1. Collateral source rule in medical malpractice actions. 3 |
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| 26 | 26 | | In the event the defendant so elects, in a legal action based upon a cause of action arising 4 |
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| 27 | 27 | | after January 1, 1987, for personal injury against a licensed physician, hospital, clinic, health 5 |
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| 28 | 28 | | maintenance organization, professional service corporation providing health care services under 6 |
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| 29 | 29 | | chapter 5.1 of title 7, dentist, or dental hygienist based upon professional negligence, the defendant 7 |
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| 30 | 30 | | may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the personal 8 |
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| 31 | 31 | | injury pursuant to any state income disability or workers’ compensation act, any health, sickness 9 |
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| 32 | 32 | | or income disability insurance, accident insurance that provides health benefits or income disability 10 |
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| 33 | 33 | | coverage, and any contract or agreement of any group, organization, partnership, or corporation to 11 |
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| 34 | 34 | | provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services. 12 |
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| 35 | 35 | | Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any 13 |
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| 36 | 36 | | amount which the plaintiff has paid or contributed to secure his or her right to any insurance benefits 14 |
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| 37 | 37 | | concerning which the defendant has introduced evidence. When such evidence is introduced, the 15 |
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| 38 | 38 | | jury shall be instructed to reduce the award for damages by a sum equal to the difference between 16 |
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| 39 | 39 | | the total benefits received and the total amount paid to secure the benefits by the plaintiff or the 17 |
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| 40 | 40 | | court may ascertain the sum by special interrogatory and reduce the award for damages after 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002299 - Page 2 of 3 |
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| 44 | 44 | | verdict. Whenever an award is so reduced, the lien of any first party payor who has paid such a 1 |
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| 45 | 45 | | benefit against the judgment shall be foreclosed and the plaintiff shall have no legal obligation to 2 |
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| 46 | 46 | | reimburse the payor. 3 |
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| 47 | 47 | | SECTION 2. This act shall take effect upon passage. 4 |
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| 48 | 48 | | ======== |
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| 49 | 49 | | LC002299 |
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| 50 | 50 | | ======== |
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| 51 | 51 | | |
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| 52 | 52 | | |
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| 53 | 53 | | LC002299 - Page 3 of 3 |
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| 54 | 54 | | EXPLANATION |
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| 55 | 55 | | BY THE LEGISLATIVE COUNCIL |
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| 56 | 56 | | OF |
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| 57 | 57 | | A N A C T |
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| 58 | 58 | | RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALL Y -- |
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| 59 | 59 | | EVIDENCE |
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| 60 | 60 | | *** |
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| 61 | 61 | | This act would repeal collateral source rule in medical malpractice action. 1 |
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| 62 | 62 | | This act would take effect upon passage. 2 |
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| 63 | 63 | | ======== |
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| 64 | 64 | | LC002299 |
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| 65 | 65 | | ======== |
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