AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- EVIDENCE (Repeals the collateral source rule in medical malpractice actions.)

S3189

2026 -- S 3189
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LC005216
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
EVIDENCE

Introduced By:
Senators Famiglietti, LaMountain, Dimitri, Bissaillon, and Patalano

Date Introduced:
April 03, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 9-19-34.1 of the General Laws in Chapter 9-19 entitled "Evidence"
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is hereby repealed.
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9-19-34.1. Collateral source rule in medical malpractice actions.
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In the event the defendant so elects, in a legal action based upon a cause of action arising
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after January 1, 1987, for personal injury against a licensed physician, hospital, clinic, health
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maintenance organization, professional service corporation providing health care services under
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chapter 5.1 of title 7, dentist, or dental hygienist based upon professional negligence, the defendant
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may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the personal
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injury pursuant to any state income disability or workers’ compensation act, any health, sickness
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or income disability insurance, accident insurance that provides health benefits or income disability
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coverage, and any contract or agreement of any group, organization, partnership, or corporation to
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provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services.
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Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any
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amount which the plaintiff has paid or contributed to secure his or her right to any insurance benefits
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concerning which the defendant has introduced evidence. When such evidence is introduced, the
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jury shall be instructed to reduce the award for damages by a sum equal to the difference between
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the total benefits received and the total amount paid to secure the benefits by the plaintiff or the
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court may ascertain the sum by special interrogatory and reduce the award for damages after

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verdict. Whenever an award is so reduced, the lien of any first party payor who has paid such a
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benefit against the judgment shall be foreclosed and the plaintiff shall have no legal obligation to
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reimburse the payor.
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SECTION 2. This act shall take effect upon passage.
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LC005216
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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.
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This act would take effect upon passage.
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LC005216
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