Bill Text: IN HB1255 | 2010 | Regular Session | Amended


Bill Title: Proof of collateral source payments.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2010-02-15 - Senator Broden added as cosponsor [HB1255 Detail]

Download: Indiana-2010-HB1255-Amended.html


January 25, 2010





HOUSE BILL No. 1255

_____


DIGEST OF HB 1255 (Updated January 19, 2010 10:46 am - DI 107)



Citations Affected: IC 34-44.

Synopsis: Proof of collateral source payments. Prohibits a court from admitting into evidence a writeoff, discount, or other deduction associated with a collateral source payment in a personal injury or wrongful death action.

Effective: July 1, 2010.





GiaQuinta, DeLaney




    January 12, 2010, read first time and referred to Committee on Judiciary.
    January 25, 2010, reported _ Do Pass.






January 25, 2010

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1255



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-44-1-2; (10)HB1255.1.1. -->     SECTION 1. IC 34-44-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. In a personal injury or wrongful death action, the court shall allow the admission into evidence of:
        (1) proof of collateral source payments other than:
            (A) payments of life insurance or other death benefits;
            (B) insurance benefits for which the plaintiff or members of the plaintiff's family have paid for directly; or
            (C) payments made by:
                (i) the state or the United States; or
                (ii) any agency, instrumentality, or subdivision of the state or the United States;
            that have been made before trial to a plaintiff as compensation for the loss or injury for which the action is brought; or
            (D) a writeoff, discount, or other deduction associated with a collateral source payment.

        (2) proof of the amount of money that the plaintiff is required to

repay, including worker's compensation benefits, as a result of the collateral benefits received; and
        (3) proof of the cost to the plaintiff or to members of the plaintiff's family of collateral benefits received by the plaintiff or the plaintiff's family.

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