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§ 1303.508. Collateral sources

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: March 20, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 5C. Medical Care Availability and Reduction of Error (Mcare) Act (Refs & Annos)
Chapter 5. Medical Professional Liability (Refs & Annos)
Effective: March 20, 2002
40 P.S. § 1303.508
§ 1303.508. Collateral sources
(a) General rule.--Except as set forth in subsection (d), a claimant in a medical professional liability action is precluded from recovering damages for past medical expenses or past lost earnings incurred to the time of trial to the extent that the loss is covered by a private or public benefit or gratuity that the claimant has received prior to trial.
(b) Option.--The claimant has the option to introduce into evidence at trial the amount of medical expenses actually incurred, but the claimant shall not be permitted to recover for such expenses as part of any verdict except to the extent that the claimant remains legally responsible for such payment.
(c) No subrogation.--Except as set forth in subsection (d), there shall be no right of subrogation or reimbursement from a claimant's tort recovery with respect to a public or private benefit covered in subsection (a).
(d) Exceptions.--The collateral source provisions set forth in subsection (a) shall not apply to the following:
(1) Life insurance, pension or profit-sharing plans or other deferred compensation plans, including agreements pertaining to the purchase or sale of a business.
(2) Social Security benefits.
(3) Cash or medical assistance benefits which are subject to repayment to the Department of Public Welfare.
(4) Public benefits paid or payable under a program which under Federal statute provides for right of reimbursement which supersedes State law for the amount of benefits paid from a verdict or settlement.

Credits

2002, March 20, P.L. 154, No. 13, § 508, imd. effective.
40 P.S. § 1303.508, PA ST 40 P.S. § 1303.508
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document