H. B. 2217
(By Delegates G. Martin, Thomas, Haskins, Clements,
Evans, Azinger and Stalnaker)
[Introduced January 24, 1995; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend article seven-b, chapter fifty-five of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twelve, relating to eliminating the rule prohibiting
consideration of collateral sources of economic support for
plaintiff.
Be it enacted by the Legislature of West Virginia:
That article seven-b, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twelve, all to read as follows:
ARTICLE 7B. MEDICAL PROFESSIONAL LIABILITY.
§55-7B-12. Collateral source evidence.
(a) In any personal injury, wrongful death or medical
professional liability action, the defendant may introduce
evidence of any amount or other benefit which is or will be
payable as a benefit to the plaintiff as a result of the injury
or death pursuant to the United States Social Security Act, any
state or federal workers' compensation act, any disability,
health, sickness, life, income-disability or accident insurance
that provides health benefits or income-disability coverage and
any other contract or agreement of any group, organization,
partnership or corporation to provide, pay for or reimburse the
cost of income-disability or medical, hospital, dental or other
health care services in order to establish that any cost, expense
or loss claimed by the plaintiff as a result of the injury or
death is subject to reimbursement or indemnification from such
collateral source. Where the defendant elects to introduce such
evidence, the plaintiff may introduce evidence of any amount
which the plaintiff has paid or contributed to secure the
plaintiff's right to any such benefits, that recovery from the defendant is subject to a lien, that a provider of such
collateral benefits has a statutory right of recovery against the
plaintiff as reimbursement for such benefits or that the provider
of such benefits has a right of subrogation to the rights of the
plaintiff in the personal injury, wrongful death or medical
professional liability action.
(b) Evidence introduced pursuant to this section is
admissible for the purpose of considering the damages claimed by
the plaintiff and shall be accorded such weight as the trier of
the facts chooses to give it.
(c) Unless otherwise expressly permitted to do so by
statute, no provider of collateral benefits, as described in
subsection (a) of this section, may recover any amount against
the plaintiff as reimbursement for such benefits nor shall such
provider be subrogated to the rights of the plaintiff.
NOTE: The purpose of this bill is to permit consideration
of collateral sources of compensation to a plaintiff in an action
for personal injuries or death including medical professional
liability actions.
§55-7B-12 is new; therefore, strike-throughs and underscoring have been omitted.