Tort Amendments

6
78B-5-621
0
Tort Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor:
LONG TITLE
General Description:
This bill addresses evidence in a civil tort action.
Highlighted Provisions:
This bill:
defines terms;
addresses evidence relating to a collateral source in a civil action for damages arising out
of a tort; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
78B-5-621
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
78B-5-621
is enacted to read:
78B-5-621
. Evidence relating to a collateral source in a civil tort case.
(1)
As used in this section:
(a)
"Collateral source" means the same as that term is defined in Section
78B-3-405
.
(b)
"Health care provider" means the same as that term is defined in Section 78B-3-403.
(2)
This section applies to a civil action for damages arising out of a tort, unless the action
is a malpractice action against a health care provider as described in Title 78B, Chapter
3, Part 4, Utah Health Care Malpractice Act.
(3)
(a)
The following evidence is inadmissible for any purpose, including the
determination of liability, the assessment of damages, impeachment, or credibility:
(i)
the existence of a collateral source;
(ii)
an amount of a collateral source;
(iii)
evidence that a medical expense or other cost related to an injury at issue in the
action was paid, adjusted, waived, written off, or otherwise reduced or satisfied by
a third party or as a result of a negotiated rate, including an adjustment under a
public program such as Medicare or Medicaid;
(iv)
whether the plaintiff has paid, or is personally obligated to pay, an amount for
medical care or treatment resulting from an injury at issue in the action;
(v)
evidence of an amount actually paid by a party or third-party for medical care or
treatment resulting from an injury at issue in the action; and
(vi)
the existence of a health care provider lien or right of subrogation related to the
plaintiff's medical expenses or other claimed damages.
(b)
Evidence described in Subsection
(3)(a)
may not be referenced, disclosed, or alluded
to in any manner during trial, including through testimony, exhibits, examination of
witnesses, or argument.
(4)
A defendant may not reduce, limit, or deny a settlement offer or claim valuation based
on the amount actually paid for medical care or treatment resulting from an injury at
issue in the action, including a discounted or written off amount.
(5)
During the action, a plaintiff may not be required to disclose any health care provider
lien arising from the plaintiff's medical expenses or claimed damages related to an injury
at issue in the action.
(6)
If requested by a party, the court shall instruct the jury that the jury may not consider or
speculate about the existence of a collateral source, lien, or the plaintiff's personal
financial obligations for medical treatment.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-30-26 1:43 PM