63M-7-513 - Collateral sources.
63M-7-513. Collateral sources.
(1) Collateral source shall include any source of benefits or advantages for economic lossotherwise reparable under this chapter which the victim or claimant has received, or which isreadily available to the victim from:
(a) the offender;
(b) the insurance of the offender;
(c) the United States government or any of its agencies, a state or any of its politicalsubdivisions, or an instrumentality of two or more states, except in the case on nonobligatorystate-funded programs;
(d) social security, Medicare, and Medicaid;
(e) state-required temporary nonoccupational income replacement insurance or disabilityincome insurance;
(f) workers' compensation;
(g) wage continuation programs of any employer;
(h) proceeds of a contract of insurance payable to the victim for the loss the victimsustained because of the criminally injurious conduct;
(i) a contract providing prepaid hospital and other health care services or benefits fordisability; or
(j) veteran's benefits, including veteran's hospitalization benefits.
(2) (a) An order of restitution shall not be considered readily available as a collateralsource.
(b) Receipt of an award of reparations under this chapter shall be considered anassignment of the victim's rights to restitution from the offender.
(3) The victim shall not discharge a claim against a person or entity without the state'swritten permission and shall fully cooperate with the state in pursuing its right of reimbursement,including providing the state with any evidence in the victim's possession.
(4) The state's right of reimbursement applies regardless of whether the victim has beenfully compensated for the victim's losses.
(5) Notwithstanding the collateral source provisions in Subsection (1) and Subsection63M-7-512(1)(a), a victim of a sexual offense who requests testing of himself may be reimbursedfor the costs of the HIV test only as provided in Subsection 76-5-503(4).
Renumbered and Amended by Chapter 382, 2008 General Session