Bill Text: CA SB1528 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Medical services: damages.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-09-01 - From Assembly without further action. [SB1528 Detail]

Download: California-2011-SB1528-Amended.html

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BILL NUMBER: SB 1528	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 15, 2012
	AMENDED IN SENATE  APRIL 30, 2012

INTRODUCED BY   Senator Steinberg

                        FEBRUARY 24, 2012

   An act to add Section 3284 to the Civil Code, relating to damages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1528, as amended, Steinberg. Damages: medical services.
   Existing law establishes, as a general rule, that compensation is
the relief or remedy provided by law for a violation of private
rights. Existing law provides that a person suffering detriment from
the unlawful act or omission of another may recover damages from the
person at fault.
   This bill would express the intent of the Legislature to establish
a framework for compensating persons with injuries due to the fault
of 3rd parties.  The bill would also specify that when a person
is compensated for an injury due to the fault of another, the lien
rights and other rights of the parties provided in specified
provisions shall be maintained. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3284 is added to the Civil Code, to read:
   3284.  (a) It is the intent of the Legislature to establish a
framework for compensating persons with injuries due to the fault of
third parties. 
   (b) Nothing in this section abrogates the lien rights provided for
in Sections 3040 and 3045.1 of this code, or Section 14124.791 of
the Welfare and Institutions Code. This section shall have no effect
on the rights of parties under Section 3333.1 of this code or of
public entities under Section 985 of the Government Code. 

   (b) When a person is compensated for an injury due to the fault of
another, the lien rights provided for in Sections 3040 and 3045.1 of
this code and the rights of the parties under Section 3333.1 of this
code or of public entities under Section 985 of the Government Code
shall be maintained.