2017 -- H 6375 | |
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LC003020 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2017 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY - THE HOSPITAL CONVERSIONS ACT | |
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Introduced By: Representatives O'Brien, Corvese, Costantino, Slater, and Solomon | |
Date Introduced: September 19, 2017 | |
Referred To: House Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 23-17.14 of the General Laws entitled "The Hospital Conversions |
2 | Act" is hereby amended by adding thereto the following section: |
3 | 23-17.14-35. Court-approved settlements. |
4 | The following provisions apply solely and exclusively to judicially approved good faith |
5 | settlements of claims relating to the St. Joseph Health Services of Rhode Island Retirement Plan, |
6 | also sometimes known as the St. Joseph Health Services of Rhode Island pension plan: |
7 | (1) A release by a claimant of one joint tortfeasor, whether before or after judgment, does |
8 | not discharge the other joint tortfeasors unless the release so provides, but such release shall |
9 | reduce the claim against the other joint tortfeasors in the amount of the consideration paid for the |
10 | release. |
11 | (2) A release by a claimant of one joint tortfeasor relieves them from liability to make |
12 | contribution to another joint tortfeasor. |
13 | (3) For purposes of this section, a good faith settlement is one that does not exhibit |
14 | collusion, fraud, dishonesty, or other wrongful or tortious conduct intended to prejudice the non- |
15 | settling tortfeasor(s), irrespective of the settling or non-settling tortfeasors' proportionate share of |
16 | liability. |
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1 | SECTION 2. This act shall take effect upon passage and shall apply to all claims pending |
2 | at the time of passage or asserted thereafter; provided, however, that this act shall not apply to, |
3 | affect or impair releases executed before the date of passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY - THE HOSPITAL CONVERSIONS ACT | |
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1 | This act would provide that in connection with judicially approved good faith settlements |
2 | of claims relating to the St. Joseph Health Services of Rhode Island Retirement Plan, a release by |
3 | a claimant of one joint tortfeasor shall not discharge the other joint tortfeasors unless the release |
4 | so provides, but shall reduce the claim against the other joint tortfeasors in the amount of the |
5 | consideration paid. |
6 | This act would take effect upon passage and would apply to claims pending at the time of |
7 | passage or asserted thereafter; provided, however, that this act would not apply to, affect or |
8 | impair releases executed before the date of passage. |
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