2023 -- H 5441

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LC000996

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE --PROCEDURE GENERALLY --

EVIDENCE

     Introduced By: Representatives Craven, Caldwell, Dawson, McEntee, and Solomon

     Date Introduced: February 08, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 9-19-34.1 of the General Laws in Chapter 9-19 entitled "Evidence"

is hereby repealed.

     9-19-34.1. Collateral source rule in medical malpractice actions.

     In the event the defendant so elects, in a legal action based upon a cause of action arising

after January 1, 1987, for personal injury against a licensed physician, hospital, clinic, health

maintenance organization, professional service corporation providing health care services under

chapter 5.1 of title 7, dentist, or dental hygienist based upon professional negligence, the defendant

may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the personal

injury pursuant to any state income disability or workers’ compensation act, any health, sickness

or income disability insurance, accident insurance that provides health benefits or income disability

coverage, and any contract or agreement of any group, organization, partnership, or corporation to

provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services.

Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any

amount which the plaintiff has paid or contributed to secure his or her right to any insurance benefits

concerning which the defendant has introduced evidence. When such evidence is introduced, the

jury shall be instructed to reduce the award for damages by a sum equal to the difference between

the total benefits received and the total amount paid to secure the benefits by the plaintiff or the

court may ascertain the sum by special interrogatory and reduce the award for damages after

verdict. Whenever an award is so reduced, the lien of any first party payor who has paid such a

benefit against the judgment shall be foreclosed and the plaintiff shall have no legal obligation to

reimburse the payor.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE --PROCEDURE GENERALLY --

EVIDENCE

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     This act would repeal the collateral source rule in medical malpractice actions.

     This act would take effect upon passage.

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