BILL NUMBER: SB 1528	INTRODUCED
	BILL TEXT


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 introduced, 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 require, in order to ensure the public policy of
all injured persons being compensated equally, that an injured person
is entitled to recover the reasonable value of medical services
provided without regard to the amount actually paid, as specified.
   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) To ensure the public policy of all injured persons
being compensated equally, an injured person shall be entitled to
recover the reasonable value of medical services provided without
regard to the amount actually paid.
   (b) Nothing in this section abrogates the lien rights provided for
in Sections 3040 and 3045.1of 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.