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Exemplary Statutory Language for Collateral Source Rule

Alaska Statute with Second Paragraph from Arizona Statute

Except when the collateral source is a federal program that by law must seek subrogation and excepting death benefits paid under life insurance, a claimant may only recover damages from the defendant that exceed amounts received by the claimant as compensation for the injuries from collateral sources, whether private, group, or governmental, and whether contributory or noncontributory. Evidence of collateral sources, other than a federal program that must by law seek subrogation and the death benefit paid under life insurance, is admissible after the fact finder has rendered an award. The court may take into account the value of claimant's rights to coverage exhausted or depleted by payment of these collateral benefits by adding back a reasonable estimate of their probable value, or by earmarking and holding for possible periodic payment that amount of the award that would otherwise have been deducted, to see if the impairment of claimant's rights actually takes place in the future.

Unless otherwise expressly permitted or required to do so by statute, no provider of collateral benefits 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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