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

     

     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:

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     SECTION 1. Chapter 23-17.14 of the General Laws entitled "The Hospital Conversions

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Act" is hereby amended by adding thereto the following section:

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     23-17.14-35. Court-approved settlements.

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     The following provisions apply solely and exclusively to judicially approved good faith

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settlements of claims relating to the St. Joseph Health Services of Rhode Island Retirement Plan,

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also sometimes known as the St. Joseph Health Services of Rhode Island pension plan:

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     (1) A release by a claimant of one joint tortfeasor, whether before or after judgment, does

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not discharge the other joint tortfeasors unless the release so provides, but such release shall

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reduce the claim against the other joint tortfeasors in the amount of the consideration paid for the

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release.

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     (2) A release by a claimant of one joint tortfeasor relieves them from liability to make

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contribution to another joint tortfeasor.

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     (3) For purposes of this section, a good faith settlement is one that does not exhibit

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collusion, fraud, dishonesty, or other wrongful or tortious conduct intended to prejudice the non-

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settling tortfeasor(s), irrespective of the settling or non-settling tortfeasors' proportionate share of

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liability.

 

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     SECTION 2. This act shall take effect upon passage and shall apply to all claims pending

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at the time of passage or asserted thereafter; provided, however, that this act shall not apply to,

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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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     This act would provide that in connection with judicially approved good faith settlements

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of claims relating to the St. Joseph Health Services of Rhode Island Retirement Plan, a release by

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a claimant of one joint tortfeasor shall not discharge the other joint tortfeasors unless the release

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so provides, but shall reduce the claim against the other joint tortfeasors in the amount of the

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consideration paid.

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     This act would take effect upon passage and would apply to claims pending at the time of

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passage or asserted thereafter; provided, however, that this act would not apply to, affect or

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impair releases executed before the date of passage.

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