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is hereby repealed. 2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