Bill Text: IN SB0087 | 2012 | Regular Session | Introduced
Bill Title: Proof of collateral source payments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Judiciary [SB0087 Detail]
Download: Indiana-2012-SB0087-Introduced.html
Introduced Version
SENATE BILL No. 87
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-44-1-2.
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, unless the action is an action for medical
malpractice.
Effective: July 1, 2012.
Steele
January 4, 2012, read first time and referred to Committee on Judiciary.
Introduced
Second Regular Session 117th General Assembly (2012)
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SENATE BILL No. 87
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; (12)IN0087.1.1. -->
SECTION 1. IC 34-44-1-2, AS AMENDED BY P.L.1-2010,
SECTION 139, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: 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 that 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) except in the case of an action brought under IC 34-18, 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.
(1) proof of collateral source payments other than:
(A) payments of life insurance or other death benefits;
(B) insurance benefits that the plaintiff or members of the plaintiff's family have paid for directly;
(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) except in the case of an action brought under IC 34-18, 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.
