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SB 3189

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- EVIDENCE

2026 Regular Session Introduced by Jake Bissaillon and 4 co-sponsors

Rhode Island would allow defendants to present collateral-source benefits to reduce medical malpractice damages, with plaintiffs able to show their costs to secure those benefits.

04/16/2026 Committee recommended measure be held for further study
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Bill Summary · SB 3189

Summary of Bill: SB 3189 (Rhode Island, 2026) – Evidence

Purpose and intent

  • This bill repeals the collateral source rule in medical malpractice actions. In short, it would shift how damages are calculated when a plaintiff has received benefits from third-party sources (insurance, disability benefits, etc.) to pay for medical care.

Key provisions and changes

  • Repeals Section 9-19-34.1 of the Rhode Island General Laws, thereby eliminating the collateral source rule in medical malpractice cases.
  • New effect in medical malpractice actions (arising after January 1, 1987):
    • If the defendant elects, they may introduce evidence of amounts payable to the plaintiff as benefits from:
    • state income disability or workers’ compensation acts
    • health, sickness, or income disability insurance
    • any accident insurance that provides health benefits or disability coverage
    • any contract or agreement to provide, pay for, or reimburse medical/healthcare services
    • In response, the plaintiff may introduce evidence of any amounts the plaintiff has paid or contributed to secure those insurance benefits.
    • The jury (or a special interrogatory) would be instructed to reduce the damages awarded by the difference between total benefits received and the total amounts paid by the plaintiff to secure those benefits.
    • Any reduction in damages would foreclose the lien of the first-party payor against the judgment, and the plaintiff would have no legal obligation to reimburse the payor.
  • Effective date: The act takes effect upon passage.

Who or what would be affected

  • Plaintiffs in medical malpractice cases (and defendants in those cases) beginning with actions arising after January 1, 1987.
  • Parties handling collateral sources of payment, including:
    • insurers (health, disability, accident)
    • workers’ compensation programs
    • any health care reimbursement contracts or group/organizational plans
  • Legal practitioners and courts adjudicating medical malpractice damages, as they would assess and instruct on reduced damages based on the interaction between received benefits and benefits secured by the plaintiff.

Procedural and timeline considerations

  • Jurisdiction: Rhode Island
  • Legislative process: Introduced April 3, 2026; referred to Senate Judiciary; committee recommended holding for further study (April 16, 2026).
  • If enacted, the policy would apply to actions arising after January 1, 1987, with the new damage-reduction framework triggered by the defendant’s election to introduce collateral-source evidence.
  • Implementation would require instruction to juries on calculating reduced damages and handling first-party payor liens.

Practical impact and considerations

  • Financial impact on plaintiffs: potential reduction of net tort damages when collateral sources have paid for medical care.
  • Financial impact on third-party payors: likelihood of losing reimbursement liens if damages are reduced, and no obligation to recoup payments from plaintiffs post-judgment.
  • Strategic impact for defense lawyers: option to present collateral-source evidence to reduce verdicts; revised jury instructions would be needed.
  • Strategic impact for plaintiffs and plaintiffs’ attorneys: need to consider securing and presenting evidence of payments and costs paid by the plaintiff to obtain benefits.

Note: The bill’s explanatory text confirms it repeals the collateral source rule, shifting how damages are reduced when benefits have been received by the plaintiff.

Compiled from official sources — confirm details with the bill’s official record.

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