REFERENCE TITLE: collateral source evidence; admissibility.

 

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

HB 2547

 

Introduced by

Representative Vogt: Senator Driggs

 

 

AN ACT

 

amending title 12, chapter 13, Arizona Revised Statutes, by adding article 10; relating to collateral source evidence.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 12, chapter 13, Arizona Revised Statutes, is amended by adding article 10, to read:

ARTICLE 10.  COLLATERAL SOURCE EVIDENCE

START_STATUTE12-2321.  Admissibility of collateral source evidence

A.  In an action to recover damages for personal injuries or wrongful death or for damage to or destruction of property, the defendant may introduce evidence of any money or benefit that is or will be payable to the plaintiff or on the plaintiff's behalf, as a result of the injury, death, damage or destruction, to establish that any cost, expense or loss the plaintiff claims to have suffered as a result of the injury, death, damage or destruction is subject to reimbursement or indemnification from the collateral source.  If the defendant introduces collateral source evidence, the plaintiff may introduce evidence of any of the following:

1.  Amounts the plaintiff has paid or contributed to secure the plaintiff's right to any benefits.

2.  That recovery from the defendant is subject to a lien.

3.  That the provider of the collateral benefits has a statutory right of recovery against the plaintiff as reimbursement for the benefits.

4.  That the provider of the benefits has a right of subrogation to the rights of the plaintiff in the action.

B.  Evidence introduced pursuant to this section is admissible for the purpose of considering the plaintiff's damages and shall be accorded such weight as the trier of fact chooses to give it.

C.  Unless otherwise expressly permitted by statute, a collateral source benefits provider shall not recover any amount against the plaintiff as reimbursement for such benefits and shall not be subrogated to the rights of the plaintiff. END_STATUTE

Sec. 2.  Effective date

This act is effective from and after December 31, 2012.