§ 52-225a — Reduction in economic damages in personal injury and wrongful death actions for collateral source payments.

Connecticut § 52-225a

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 900: Court Practice and Procedure

Text

(a) In any civil action, whether in tort or in contract, wherein the claimant seeks to recover damages resulting from (1) personal injury or wrongful death occurring on or after October 1, 1987, or (2) personal injury or wrongful death, arising out of the rendition of professional services by a health care provider, occurring on or after October 1, 1985, and prior to October 1, 1986, if the action was filed on or after October 1, 1987, and wherein liability is admitted or is determined by the trier of fact and damages are awarded to compensate the claimant, the court shall reduce the amount of such award which represents economic damages, as defined in subdivision (1) of subsection (a) of section 52-572h, by an amount equal to the total of amounts determined to have been paid under subsection (b) of this section less the total of amounts determined to have been paid, contributed or forfeited under subsection (c) of this section, except that there shall be no reduction for (A) a collateral source for which a right of subrogation exists, and (B) the amount of collateral sources equal to the reduction in the claimant's economic damages attributable to the claimant's percentage of negligence pursuant to section 52-572h. (b) Upon a finding of liability and an awarding of damages by the trier of fact and before the court enters judgment, the court shall receive evidence from the claimant and other appropriate persons concerning the total amount of collateral sources which have been paid for the benefit of the claimant as of the date the court enters judgment. For purposes of this subsection, evidence that a physician or physician assistant, dentist, chiropractor, naturopath, physical therapist, podiatrist, psychologist, social worker, mental health professional, an emergency medical technician, optometrist, or advanced practice registered nurse, accepted an amount less than the total amount of any bill generated by such physician, physician assistant, dentist, chiropractor, naturopath, physical therapist, podiatrist, psychologist, social worker, mental health professional, emergency medical technician, optometrist or advanced practice registered nurse, or evidence that an insurer paid less than the total amount of any bill generated by such physician, physician assistant, dentist, chiropractor, naturopath, physical therapist, podiatrist, psychologist, social worker, mental health professional, emergency medical technician, optometrist or advanced practice registered nurse, shall be admissible as evidence of the total amount of collateral sources which have been paid for the benefit of the claimant as of the date the court enters judgment. (c) The court shall receive evidence from the claimant and any other appropriate person concerning any amount which has been paid, contributed or forfeited, as of the date the court enters judgment, by, or on behalf of, the claimant or members of his immediate family to secure his right to any collateral source benefit which he has received as a result of such injury or death.

Legislative History

(P.A. 85-574, S. 1; P.A. 86-338, S. 4; P.A. 87-227, S. 4; P.A. 07-217, S. 191; P.A. 10-36, S. 9; P.A. 12-142, S. 2; P.A. 14-37, S. 2.) History: P.A. 86-338 deleted provision which limited operation of section to actions arising out of the rendition of professional services by a health care provider and expanded section to include any civil action accruing on or after October 1, 1986 seeking compensation for personal injury or wrongful death, and added provision prohibiting reduction in the award for the amount of collateral sources equal to the reduction in the claimant's recoverable damages attributable to his percentage of negligence; P.A. 87-227 divided section into Subsecs., amended Subsec. (a) to change applicability of section from “In any civil action, accruing on or after October 1, 1986, whether in tort or in contract, wherein the claimant seeks compensation for personal injury or wrongful death” to “In any civil action, whether in tort or in contract, wherein the claimant seeks to recover damages resulting from (1) personal injury or wrongful death occurring on or after October 1, 1987, or (2) personal injury or wrongful death arising out of the rendition of professional services by a health care provider, occurring on or after October 1, 1985, and prior to October 1, 1986, if the action was filed on or after October 1, 1987,” provide the reduction shall be in “economic” damages, and replace the provision that reduction shall be by “the total of all amounts paid to the claimant from all collateral sources which are available to him” with reduction by “an amount equal to the total of amounts determined to have been paid under subsection (b) less the total of amounts determined to have been paid under subsection (c)”, amended Subsec. (b) to require the court to receive evidence “before it enters judgment” concerning collateral sources paid “as of the date the court enters judgment”, and amended Subsec. (c) to replace requirement that the court “also take testimony” with requirement that the court “receive evidence from the claimant and any other appropriate person,” and to specify that the amount is that paid, contributed or forfeited “as of the date the court enters judgment” and that the collateral source benefit is that which he “has received” rather than “is receiving”; P.A. 07-217 made technical changes in Subsec. (a), effective July 12, 2007; P.A. 10-36 amended Subsec. (a) to replace “paid under subsection (c)” with “paid, contributed or forfeited under subsection (c)” and amended Subsec. (c) to make a technical change, effective July 1, 2010; P.A. 12-142 amended Subsec. (b) by adding provision re evidence that certain health care providers accepted an amount less than the total amount of a bill generated by such providers to be admissible as evidence of the total amount of collateral sources paid for the benefit of claimant, effective October 1, 2012, and applicable to all actions pending on or filed on or after that date; P.A. 14-37 amended Subsec. (b) by deleting chapter references re licensure or certification and adding references to social worker and mental health professional, effective October 1, 2014, and applicable to all actions pending on or filed on or after that date. Cited. 203 C. 607; 206 C. 16; 212 C. 217; 214 C. 1; 218 C. 531. Collateral source payments under section are applicable to determine amount of damages but not to determine amount of coverage. 225 C. 566. Cited. 229 C. 99. Application and interpretation of section discussed; deemed not unconstitutionally vague. 231 C. 77. Cited. 235 C. 107. Intent to prevent plaintiffs from obtaining double recoveries. 248 C. 409. Only payments specifically corresponding with items of damages included in jury's verdict are to be deducted as collateral sources from the economic damages award, not total amount paid by collateral sources for the medical bills, and burden is on defendant to submit interrogatories to jury concerning specific items of damages included within verdict. 269 C. 1. When any right of subrogation exists, whether in full or in part, for a collateral source, section precludes trial court from ordering any collateral source reduction at all. 324 C. 70. Cited. 29 CA 484; 31 CA 584; Id., 806; 33 CA 99; 34 CA 444; 37 CA 784; 38 CA 685; 46 CA 76; 47 CA 365. Statute requires reduction of economic damages by the total of all collateral source payments received, less the total of premiums paid to secure the collateral sources. 77 CA 238. Subsec. (a): When the amount of collateral sources received by plaintiff is less than or equal to the amount of reduction in claimant's economic damages attributable to claimant's own negligence, there shall be no collateral source reduction in the award. 55 CA 150. Subsec. (b): Trial court did not improperly allow evidence of collateral sources to be admitted to jury. 102 CA 93. Subsec. (c): Where the only collateral source benefit that plaintiff received as result of automobile accident was medical payments under plaintiff's automobile insurance policy, plaintiff was entitled to offset the collateral source reduction of her economic damage award by the cost of her medical payments coverage only. 263 C. 93.