SENATE BILL No. 87
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
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Judiciary.
Second Regular Session 117th General Assembly (2012)
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SENATE BILL No. 87
A BILL FOR AN ACT to amend the Indiana Code concerning civil
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-44-1-2; (12)IN0087.1.1. -->
SECTION 1. IC 34-44-1-2, AS AMENDED BY P.L.1-2010,
SECTION 139, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: 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 that the plaintiff or members of the
plaintiff's family have paid for directly;
(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