Collateral source payments.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0617

HOUSE BILL
NO.
HB0279

Collateral source payments.

Sponsored by:
Representative(s) Meuli and Senator(s) Anderson, J.

A BILL

for

AN ACT relating to civil actions; authorizing the introduction of evidence with respect to whether collateral source payments have been received in medical liability cases as specified; authorizing a reduction of damages as specified; providing a definition; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 1
‑
1
‑
131 is created to read:

1
‑
1
‑
131. Actions against health care providers; collateral source payments.

(a)

In any action for damages for injury or death against a health care provider, whether based upon tort, breach of contract, or otherwise, where the liability of a defendant is admitted or established, the defendant may introduce evidence for consideration by the finder of fact on the question of whether any cost or expense incurred by the plaintiff for medical care, custodial care, rehabilitation services, loss of earned income or other economic loss has been replaced or indemnified, in whole or in part, by a collateral source from a governmental, employee or service benefit program or insurance of any kind except life insurance, and excluding the assets of the plaintiff or the plaintiff's immediate family.

(b)

If the defendant elects to introduce evidence as provided in subsection (a) of this section, the plaintiff may introduce evidence of any amount that the plaintiff has paid or contributed to secure the plaintiff's right to receive the benefits of which the defendant has introduced evidence.

(c)

If the defendant elects to introduce evidence as provided in subsection (a) of this section, the finder of fact may reduce the amount of the plaintiff's award by an amount equal to the total amount received from any collateral source.

(d)

For purposes of this section, "health care provider" means as defined in W.S. 1
‑
1
‑
130.

Section 2.
This act is effective July 1, 2005.

(END)

1
HB0279