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H. 3055

STATUS INFORMATION

General Bill
Sponsors: Reps. Kirsh and Simrill
Document Path: l:\council\bills\swb\5012zcw03.doc

Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary

Summary: Elimination of Double Recoveries Act of 2003

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  House   Prefiled
   12/4/2002  House   Referred to Committee on Judiciary
   1/14/2003  House   Introduced and read first time HJ-29
   1/14/2003  House   Referred to Committee on Judiciary HJ-29

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002

TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 40 SO AS TO ENACT THE "SOUTH CAROLINA ELIMINATION OF DOUBLE RECOVERIES ACT OF 2003" SO AS TO PROVIDE THAT IN TORT ACTIONS EVIDENCE OF COLLATERAL SOURCE PAYMENTS WHICH HAVE BEEN PAID OR MAY BE DUE THE CLAIMANT MAY BE INTRODUCED IN EVIDENCE, TO PROVIDE THAT THE TRIER OF FACT MUST CONSIDER THE COLLATERAL SOURCE PAYMENTS WHEN DETERMINING THE AMOUNT OF DAMAGES, AND TO PROVIDE THAT THE TRIER OF FACT MUST MAKE CERTAIN FACTUAL FINDINGS WITH REGARD TO ITS DAMAGE AWARD.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Title 15 of the 1976 Code is amended by adding:

Section 15-40-10.    This chapter may be cited as the 'South Carolina Elimination of Double Recoveries Act of 2003'.

Section 15-40-20.    As used in this chapter, unless the context clearly requires otherwise:

(1)    'Collateral source' means a benefit paid or payable to the claimant or on his behalf, under, from, or pursuant to:

(a)    the United States Social Security Act;

(b)    a state or federal income replacement, disability, workers' compensation, or other act designed to provide partial or full wage or income replacement;

(c)    an accident, health or sickness, income or wage replacement insurance, income disability insurance, casualty or property insurance plan including automobile accident and homeowners' insurance benefits, or any other insurance benefits, except life insurance benefits;

(d)    a contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or other health care services or provide similar benefits; or

(e)    a contractual or voluntary wage continuation plan, or payments made pursuant to such a plan, provided by an employer or otherwise, or any other system intended to provide wages during a period of disability.

(2)    'Claimant' means a person who brings a personal injury action. If the action is brought through or on behalf of an estate, the term includes the claimant's decedent. If the action is brought through or on behalf of a minor, the term includes the claimant's parent or guardian.

(3)    'Damage' refers to economic losses paid or payable by collateral sources for wage loss, medical costs, rehabilitation costs, services, and other out-of-pocket costs incurred by or on behalf of a claimant for which the party is claiming recovery through a tort suit.

Section 15-40-30.    (A)    In all tort actions, regardless of the theory of liability under which they are brought, the court shall allow the admission into evidence of proof of collateral source payments which have already been made or which are substantially certain to be made to the claimant as compensation for the same damages sought in the suit. Proof of these payments must be considered by the trier of fact in arriving at the amount of any award, and must be considered by the court in reviewing awards made for excessiveness.

(B)    The trier of fact must be informed of the tax implications of all damage awards. The trier of fact may hear evidence of the premiums personally paid by the claimant to obtain any collateral source benefits paid or payable.

Section 15-40-40.    (A)    If liability is found in a tort action, regardless of the theory of liability, the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of:

(1)    any past damages for:

(a)    medical and other costs of health care;

(b)    other economic loss; and

(c)    noneconomic loss; and

(2)    any future damages and the periods over which they will accrue, on an annual basis, for each of the following types of damages:

(a)    medical and other costs of health care;

(b)    other economic loss; and

(c)    noneconomic loss.

(B)    The calculation of all future medical care and other costs of health care and future noneconomic loss must reflect the costs and losses during the period of time the claimant will sustain those costs and losses. The calculation for other economic loss must be based on the losses during the period of time the claimant would have lived but for the injury upon which the claim is based."

SECTION    2.    This act takes effect upon approval by the Governor, and applies to tort actions filed on or after July 1, 2003.

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