1928-S.E AMH .... ADAM 067

 

 

 

 

ESHB 1928 - H AMD TO H AMD (1928-S.E AMH LANT ADAM 047)

By Representative

 

 

On page 3, beginning on line 1 of the amendment, strike all of section 3 and insert the following:

"Sec. 3. RCW 7.70.080 and 1975-'76 2nd ex.s. c 56 s 13 are each amended to read as follows:

(1) Any party may present evidence to the trier of fact that the ((patient)) plaintiff has already been, or will be, compensated for the injury complained of from ((any source except the assets of the patient, his representative, or his immediate family, or insurance purchased with such assets. In the event such evidence is admitted, the plaintiff may present evidence of an obligation to repay such compensation. Insurance bargained for or provided on behalf of an employee shall be considered insurance purchased with the assets of the employee)) a collateral source. In the event the evidence is admitted, the plaintiff may present evidence of any amount that was paid or contributed to secure the right to any compensation. Compensation as used in this section shall mean payment of money or other property to or on behalf of the patient, rendering of services to the patient free of charge to the patient, or indemnification of expenses incurred by or on behalf of the patient. Notwithstanding this section, evidence of compensation by a defendant health care provider may be offered only by that provider.

(2) Unless otherwise provided by statute, there is no right of subrogation or reimbursement from a plaintiff's tort recovery with respect to compensation covered in subsection (1) of this section."

 

 

 

 

EFFECT: Amends the collateral source provision to remove the ability of a plaintiff to show evidence of an obligation to repay collateral source payments. Also, provides that, unless otherwise provided in statute, there is no right to subrogation or reimbursement from a plaintiff's tort judgment for these payments.