2015 - 2016 LEGISLATURE
December 3, 2015 - Introduced by Senators Kapenga,
Gudex, Lasee, LeMahieu,
Stroebel and Wanggaard, cosponsored by Representatives Kuglitsch,
Jacque, Craig, Gannon, Kitchens, Knodl, Kremer, T. Larson, Murphy,
Rohrkaste, Sanfelippo, Spiros, Steffen, Thiesfeldt, Tittl, Weatherston
and R. Brooks. Referred to Committee on Judiciary and Public Safety.
1An Act to amend
908.03 (6m) (bm); and to create
901.057 of the statutes; 2relating to: collateral source payments.
Analysis by the Legislative Reference Bureau
This bill affects the admissibility of evidence regarding collateral source
payments in certain civil actions.
Under current law, as a general rule in a personal injury case, evidence may not
be admitted regarding payments made to compensate a person for injury from
persons other than the defendant (collateral source payments). Current law makes
an exception and allows evidence of collateral source payments to be admitted for
medical malpractice cases and cases involving a personal injury sustained as the
result of negligence by a long-term care provider. A separate provision prohibits the
admission of evidence of collateral source payments for the purpose of rebutting the
presumption that billing statements and invoices that are patient health care
records state the reasonable value of the health care services provided to an injured
person in all other matters.
The bill allows, for the purpose of determining the reasonable value of any type
of personal injury claim or of any action seeking payment for uninsured or
underinsured motorist coverage, including the reasonable medical expenses
involved in those claims, the fact finder to consider evidence of collateral source
payments and evidence of the injured person's obligations of subrogation or
reimbursement resulting from those collateral source payments. Under the bill,
evidence of amounts paid or incurred by the claimant in recovering a collateral
source payment is not admissible. The bill allows the admission of evidence of
collateral source payments for the purpose of rebutting the presumption that billing
statements and invoices that are patient health care records state the reasonable
value of the health care services provided to the injured person.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
901.057 of the statutes is created to read:
2901.057 Collateral source payments and rights of subrogation.
actions for damages caused by personal injury or wrongful death that are not subject 4
to s. 893.55 (7) or 893.555 (8), or seeking payment based on uninsured or 5
underinsured motorists coverage, evidence of any compensation for bodily injury 6
received from a source other than the defendant to compensate the claimant for the 7
injury or to pay for medical expenses incurred by the claimant is admissible for the 8
purpose of determining the reasonable value of the claim, including the reasonable 9
value of the injured person's medical expenses. Evidence of the claimant's 10
obligations of subrogation or reimbursement resulting from payments made by a 11
source other than the defendant to compensate the claimant for injury is admissible. 12
Evidence of amounts paid or incurred by the claimant in recovering a payment from 13
a source other than the defendant is not admissible. Admission of evidence under 14
this section does not limit the substantive or procedural rights of persons who have 15
claims based upon subrogation or lien.
908.03 (6m) (bm) of the statutes is amended to read:
Billing statements or invoices that are patient 18
health care records are presumed to state the reasonable value of the health care 19
services provided and the health care services provided are presumed to be 20
reasonable and necessary to the care of the patient. Any party attempting to rebut
the presumption of the reasonable value of the health care services provided may not 2
present evidence of payments made or benefits conferred by collateral sources.
(1) This act first applies to actions filed on the effective date of this subsection.