AN ACT CONCERNING OFFERS OF COMPROMISE AND OFFERS OF JUDGMENT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (b) of section 52-192a of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006, and applicable to offers of compromise filed on or after said date):

(b) In the case of any action to recover damages resulting from personal injury or wrongful death, [whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider,] an offer of compromise pursuant to subsection (a) of this section shall state with specificity all damages then known to the plaintiff or the plaintiff's attorney upon which the action is based. At least sixty days prior to filing such an offer, the plaintiff or the plaintiff's attorney shall provide the defendant or the defendant's attorney with an authorization to disclose medical records that meets the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (HIPAA), as amended from time to time, or regulations adopted thereunder, and disclose any and all expert witnesses who will testify as to the prevailing professional standard of care. The plaintiff shall file with the court a certification that the plaintiff has provided each defendant or such defendant's attorney with all documentation supporting such damages.

Sec. 2. Section 52-194 of the 2006 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2006, and applicable to offers of compromise filed on or after said date):

In any action, the plaintiff may, [within sixty] not later than ten days after being notified by the defendant of the filing of an offer of compromise, file with the clerk of the court a written acceptance of the offer signed by the plaintiff or the plaintiff's attorney agreeing to settle the underlying action for the sum certain specified in the defendant's offer of compromise. Upon the filing of the written acceptance and receipt by the plaintiff of such sum certain, the plaintiff shall file a withdrawal of the action with the clerk of the court and the clerk shall record the withdrawal of the action against the defendant accordingly. No trial may be postponed because the period within which the plaintiff may accept the offer has not expired, except at the discretion of the court.

Sec. 3. (Effective from passage) Sections 52-192a to 52-195, inclusive, of the general statutes, revision of 1958, revised to January 1, 2005, shall be applicable to any cause of action accruing prior to October 1, 2005.

Statement of Purpose:

To amend provisions concerning offers of compromise and offers of judgment to provide that: (1) Notice of damages and expert witnesses and authorization to disclose medical records be required in all actions, rather than in only actions alleging negligence of a health care provider as is currently provided, (2) in any civil action, the plaintiff shall be required to file an acceptance of an offer of compromise not later than ten days after the offer is filed, rather than sixty days after the offer is filed as is currently provided, and (3) to clarify that the offer of judgment provisions in effect prior to the effective date of public act 05-275 are applicable to actions accruing before October 1, 2005.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]