Introduced Version






SENATE BILL No. 489

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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, 2011.





Steele




    January 13, 2011, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

First Regular Session 117th General Assembly (2011)


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SENATE BILL No. 489



    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; (11)IN0489.1.1. -->     SECTION 1. IC 34-44-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: 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 for which 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.