12-565. Health care actions; collateral source
evidence
A. In any medical malpractice action against a licensed health care provider, 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 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
sources. 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
his right to any such benefits or that recovery from the defendant is subject to a lien
or 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 medical malpractice
action.
B. Evidence introduced pursuant to this section shall be 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, shall recover any amount against the
plaintiff as reimbursement for such benefits nor shall such provider be subrogated to the
rights of the plaintiff.
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