2018 -- H 8166

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LC005606

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HEALTH AND SAFETY - THE HOSPITAL CONVERSIONS ACT

     Introduced By: Representatives Shekarchi, Mattiello, Slater, McNamara, and Ackerman

     Date Introduced: May 04, 2018

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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

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

     23-17.14-35. Court-approved settlements.

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

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

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

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

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

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

release.

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

contribution to another joint tortfeasor.

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

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

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

liability.

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

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

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

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

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

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

consideration paid.

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

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

impair releases executed before the date of passage.

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LC005606

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