Bill Text: CT SB00482 | 2010 | General Assembly | Introduced

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Bill Title: An Act Concerning Collateral Source Benefits In Civil Actions.

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2010-03-19 - Public Hearing 03/24 [SB00482 Detail]

Download: Connecticut-2010-SB00482-Introduced.html

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General Assembly		Raised Bill No. 482
February Session, 2010		LCO No. 2533
		*02533_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)

AN ACT CONCERNING COLLATERAL SOURCE BENEFITS IN CIVIL ACTIONS.

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 Section 52-225a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

(a) In any civil action, whether in tort or in contract, wherein the claimant seeks to recover damages resulting from (1) personal injury or wrongful death occurring on or after October 1, 1987, or (2) personal injury or wrongful death, arising out of the rendition of professional services by a health care provider, occurring on or after October 1, 1985, and prior to October 1, 1986, if the action was filed on or after October 1, 1987, and wherein liability is admitted or is determined by the trier of fact and damages are awarded to compensate the claimant, the court shall reduce the amount of such award which represents economic damages, as defined in subdivision (1) of subsection (a) of section 52-572h, by an amount equal to the total of amounts determined to have been paid, reduced, forgiven or discharged under subsection (b) of this section less the total of amounts determined to have been paid under subsection (c) of this section, except that there shall be no reduction by the court for (A) a collateral source for which a right of subrogation exists, and (B) the amount of collateral sources equal to the reduction in the claimant's economic damages attributable to the claimant's percentage of negligence pursuant to section 52-572h.

(b) Upon a finding of liability and an awarding of damages by the trier of fact and before the court enters judgment, the court shall receive evidence from the claimant and other appropriate persons concerning the total amount of collateral sources which have been paid, reduced, forgiven or discharged for the benefit of the claimant as of the date the court enters judgment. Any evidence submitted by the claimant or other appropriate person pursuant to this subsection shall indicate as paid only the payments made to the claimant, or on the claimant's behalf, and shall separately itemize any amount actually reduced, forgiven or discharged for the benefit of the claimant.

(c) The court shall receive evidence from the claimant and any other appropriate person concerning any amount which has been paid, contributed, or forfeited, as of the date the court enters judgment, by, or on behalf of, the claimant or members of [his] the claimant's immediate family to secure [his] the claimant's right to any collateral source benefit which [he] the claimant has received as a result of such injury or death.

Sec. 2. Section 52-225b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):

For purposes of sections 52-225a to 52-225c, inclusive, as amended by this act: "Collateral sources" means any payments made to the claimant, or on [his] the claimant's behalf, or any reduction, forgiveness or discharge of the costs of hospital, medical, dental or other health care services provided to the claimant, by or pursuant to: (1) Any health or sickness insurance, automobile accident insurance that provides health benefits, and any other similar insurance benefits, except life insurance benefits available to the claimant, whether purchased by [him] the claimant or provided by others; or (2) any contract or agreement of any group, organization, partnership or corporation to provide, pay for, [or] reimburse, reduce, forgive or discharge the costs of hospital, medical, dental or other health care services. "Collateral sources" do not include amounts (A) received by a claimant as a settlement, or (B) of economic damages that have been reduced, forgiven or discharged.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2010	52-225a
Sec. 2	October 1, 2010	52-225b

Statement of Purpose:

To clarify the definition of collateral sources in personal injury and wrongful death actions.

[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.]