COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- EVIDENCE, the official text

H7749 2026 -- H 7749 ======== LC005141 ======== STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2026 ____________ A N A C T RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- EVIDENCE Introduced By: Representatives Craven, and Shanley Date Introduced: February 12, 2026 Referred To: House Judiciary It is enacted by the General Assembly as follows: 1 SECTION 1. Section 9-19-34.1 of the General Laws in Chapter 9-19 entitled Evidence 2 is hereby repealed. 3 9-19-34.1. Collateral source rule in medical malpractice actions. 4 In the event the defendant so elects, in a legal action based upon a cause of action arising 5 after January 1, 1987, for personal injury against a licensed physician, hospital, clinic, health 6 maintenance organization, professional service corporation providing health care services under 7 chapter 5.1 of title 7, dentist, or dental hygienist based upon professional negligence, the defendant 8 may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the personal 9 injury pursuant to any state income disability or workers’ compensation act, any health, sickness 10 or income disability insurance, accident insurance that provides health benefits or income disability 11 coverage, and any contract or agreement of any group, organization, partnership, or corporation to 12 provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services. 13 Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any 14 amount which the plaintiff has paid or contributed to secure his or her right to any insurance benefits 15 concerning which the defendant has introduced evidence. When such evidence is introduced, the 16 jury shall be instructed to reduce the award for damages by a sum equal to the difference between 17 the total benefits received and the total amount paid to secure the benefits by the plaintiff or the 18 court may ascertain the sum by special interrogatory and reduce the award for damages after 1 verdict. Whenever an award is so reduced, the lien of any first party payor who has paid such a 2 benefit against the judgment shall be foreclosed and the plaintiff shall have no legal obligation to 3 reimburse the payor. 4 SECTION 2. This act shall take effect upon passage. ======== LC005141 ======== LC005141 - Page 2 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- EVIDENCE *** 1 This act would repeal the collateral source rule in medical malpractice actions. 2 This act would take effect upon passage. ======== LC005141 ======== LC005141 - Page 3 of 3