PRINTER'S NO. 3193
No. 2314 Session of 2002
INTRODUCED BY TURZAI, JANUARY 29, 2002
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 29, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, providing for single
3 recovery in tort actions by abolishing the collateral source
4 rule and the right of subrogation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Chapter 81 of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended by adding a subchapter to read:
9 SUBCHAPTER E
10 SINGLE RECOVERY
11 Sec.
12 8161. Short title of subchapter.
13 8162. Definitions.
14 8163. Prohibition of multiple recovery.
15 8164. Abolition of right of subrogation and other recovery by
16 a collateral source.
17 8165. Exclusion of evidence.
18 § 8161. Short title of subchapter.
1 This subchapter shall be known and may be cited as the Single
2 Recovery Act.
3 § 8162. Definitions.
4 The following words and phrases when used in this subchapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Claimant." A person asserting a claim against an alleged
8 tortfeasor, whether or not an action has been filed.
9 "Collateral source." A person that has a legal obligation to
10 pay or otherwise reimburse a claimant for economic losses or
11 expenses related to the claimant's claim against an alleged
12 tortfeasor that are independent of the tortfeasor. A collateral
13 source includes a health, workers' compensation, disability,
14 automobile or other liability insurer; a managed care plan; a
15 hospital plan corporation; a professional health services plan
16 corporation; or other such entity including, but not limited to,
17 an entity operating under any of the following:
18 The act of June 2, 1915 (P.L.736, No.338), known as the
19 Workers' Compensation Act.
20 The act of May 17, 1921 (P.L.682, No.284), known as The
21 Insurance Company Law of 1921.
22 The act of December 29, 1972 (P.L.1701, No.364), known as
23 the Health Maintenance Organization Act.
24 The act of December 14, 1992 (P.L.835, No.134), known as
25 the Fraternal Benefit Societies Code.
26 40 Pa.C.S. Ch. 61 (relating to hospital plan
27 corporations).
28 40 Pa.C.S. Ch. 63 (relating to professional health
29 services plan corporations).
30 "Collateral source payment." Moneys paid by a collateral
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1 source to or on behalf of a claimant for economic losses or
2 expenses related to the claimant's claim against an alleged
3 tortfeasor that are independent of the tortfeasor.
4 "Lien." A right or claim against some interest in property
5 created by law as an incident of contract.
6 "Person." Includes a corporation, partnership, limited
7 liability company, business trust, other association, government
8 entity, estate, trust, foundation or natural person.
9 "Tort action." An action brought to recover damages for
10 death, injury to person or property or economic loss.
11 "Tortfeasor." A person against whom a claimant is asserting
12 a claim that has been, or could be, filed as a tort action.
13 § 8163. Prohibition of multiple recovery.
14 In any tort action, a claimant shall not recover damages or
15 compensation for any collateral source payments paid, reimbursed
16 or expected to be paid or reimbursed by a collateral source to
17 or on behalf of the claimant.
18 § 8164. Abolition of right of subrogation and other recovery by
19 a collateral source.
20 In connection with any tort action, a collateral source shall
21 have no right of subrogation or reimbursement and shall be
22 barred from asserting, enforcing or collecting upon a lien,
23 right or claim of any kind against the claimant's recovery from
24 the tortfeasor with respect to collateral source payments made
25 or expected to be made by the collateral source to or on behalf
26 of a claimant.
27 § 8165. Exclusion of evidence.
28 (a) For certain charges, payments or expenses.--At trial and
29 in any pretrial proceedings in any tort action, no evidence
30 shall be admitted concerning charges, payments or expenses for
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1 which recovery is barred under section 8163 (relating to
2 prohibition of multiple recovery), or which were made as
3 consideration for the obligation of the collateral source for
4 making collateral source payments.
5 (b) Authority.--The General Assembly finds that this section
6 establishes substantive legal rights for litigants and is within
7 the scope of the authority granted to the General Assembly by
8 the Constitution of Pennsylvania as an enactment of substantive
9 law, which pursuant to section 10(c) of Article V of the
10 Constitution of Pennsylvania may not be modified or abridged by
11 rules promulgated by the Supreme Court.
12 Section 2. All acts and parts of acts are repealed insofar
13 as they are inconsistent with this act.
14 Section 3. The addition of 42 Pa.C.S. Ch. 81, Subch. E shall
15 apply to all causes of action accruing after the effective date
16 of this act.
17 Section 4. This act shall take effect immediately.
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