Page:United States Statutes at Large Volume 119.djvu/2844

 119 STAT. 2826

PUBLIC LAW 109–148—DEC. 30, 2005 (b) of section 2284 of title 28, United States Code, shall not apply to actions under subsection (d). ‘‘(6) CIVIL DISCOVERY.— ‘‘(A) TIMING.—In an action under subsection (d), no discovery shall be allowed— ‘‘(i) before each covered person sued has had a reasonable opportunity to file a motion to dismiss; ‘‘(ii) in the event such a motion is filed, before the court has ruled on such motion; and ‘‘(iii) in the event a covered person files an interlocutory appeal from the denial of such a motion, before the court of appeals has ruled on such appeal. ‘‘(B) STANDARD.—Notwithstanding any other provision of law, the court in an action under subsection (d) shall permit discovery only with respect to matters directly related to material issues contested in such action, and the court shall compel a response to a discovery request (including a request for admission, an interrogatory, a request for production of documents, or any other form of discovery request) under Rule 37, Federal Rules of Civil Procedure, only if the court finds that the requesting party needs the information sought to prove or defend as to a material issue contested in such action and that the likely benefits of a response to such request equal or exceed the burden or cost for the responding party of providing such response. ‘‘(7) REDUCTION IN AWARD OF DAMAGES FOR COLLATERAL SOURCE BENEFITS.— ‘‘(A) IN GENERAL.—In an action under subsection (d), the amount of an award of damages that would otherwise be made to a plaintiff shall be reduced by the amount of collateral source benefits to such plaintiff. ‘‘(B) PROVIDER OF COLLATERAL SOURCE BENEFITS NOT TO HAVE LIEN OR SUBROGATION.—No provider of collateral source benefits shall recover any amount against the plaintiff or receive any lien or credit against the plaintiff’s recovery or be equitably or legally subrogated to the right of the plaintiff in an action under subsection (d). ‘‘(C) COLLATERAL SOURCE BENEFIT DEFINED.—For purposes of this paragraph, the term ‘collateral source benefit’ means any amount paid or to be paid in the future to or on behalf of the plaintiff, or any service, product, or other benefit provided or to be provided in the future to or on behalf of the plaintiff, as a result of the injury or wrongful death, pursuant to— ‘‘(i) any State or Federal health, sickness, incomedisability, accident, or workers’ compensation law; ‘‘(ii) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; ‘‘(iii) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income disability benefits; or ‘‘(iv) any other publicly or privately funded program.

VerDate 14-DEC-2004

07:21 Oct 30, 2006

Jkt 039194

PO 00003

Frm 00294

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL003.119

APPS06

PsN: PUBL003

�