Offers to Pay Medical and Similar Expenses

Pennsylvania Rules of Evidence

Rule: 409

Jurisdiction: PA

Bluebook Citation: Pa.R.E. 409

Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury. Comment This rule is identical to F.R.E. 409. As to the admissibility of a benevolent gesture made by a health care provider, et al. , see the Benevolent Gesture Medical Professional Liability Act, Act of October 25, 2013, P. L. 665, 35 P. S. § § 10228.1—3.3. Official Note Adopted May 8, 1998, effective October 1, 1998; Comment revised December 30, 2005, effective February 1, 2006; rescinded and replaced January 17, 2013, effective March 18, 2013; Comment revised July 30, 2015, effective October 1, 2015. Committee Explanatory Reports : Final Report explaining the December 30, 2005 revision of the Comment published with the Court’s Order at 36 Pa.B. 384 (January 28, 2006). Final Report explaining the January 17, 2013 rescission and replacement published with the Court’s Order at 43 Pa.B. 651 (February 2, 2013). Final Report explaining the July 30, 2015 revision of the Comment published with the Court’s Order at 45 Pa.B. 4759 (August 15, 2015). Source The provisions of this Rule 409 amended December 30, 2005, effective February 1, 2006, 36 Pa.B. 384; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended July 30, 2015, effective October 1, 2015, 45 Pa.B. 4759. Immediately preceding text appears at serial page (365870). Comment This rule is identical to F.R.E. 409. As to the admissibility of a benevolent gesture made by a health care provider, et al. , see the Benevolent Gesture Medical Professional Liability Act, Act of October 25, 2013, P. L. 665, 35 P. S. § § 10228.1—3.3. Official Note Adopted May 8, 1998, effective October 1, 1998; Comment revised December 30, 2005, effective February 1, 2006; rescinded and replaced January 17, 2013, effective March 18, 2013; Comment revised July 30, 2015, effective October 1, 2015. Committee Explanatory Reports : Final Report explaining the December 30, 2005 revision of the Comment published with the Court’s Order at 36 Pa.B. 384 (January 28, 2006). Final Report explaining the January 17, 2013 rescission and replacement published with the Court’s Order at 43 Pa.B. 651 (February 2, 2013). Final Report explaining the July 30, 2015 revision of the Comment published with the Court’s Order at 45 Pa.B. 4759 (August 15, 2015). Source The provisions of this Rule 409 amended December 30, 2005, effective February 1, 2006, 36 Pa.B. 384; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended July 30, 2015, effective October 1, 2015, 45 Pa.B. 4759. Immediately preceding text appears at serial page (365870). As to the admissibility of a benevolent gesture made by a health care provider, et al. , see the Benevolent Gesture Medical Professional Liability Act, Act of October 25, 2013, P. L. 665, 35 P. S. § § 10228.1—3.3. Official Note Adopted May 8, 1998, effective October 1, 1998; Comment revised December 30, 2005, effective February 1, 2006; rescinded and replaced January 17, 2013, effective March 18, 2013; Comment revised July 30, 2015, effective October 1, 2015. Committee Explanatory Reports : Final Report explaining the December 30, 2005 revision of the Comment published with the Court’s Order at 36 Pa.B. 384 (January 28, 2006). Final Report explaining the January 17, 2013 rescission and replacement published with the Court’s Order at 43 Pa.B. 651 (February 2, 2013). Final Report explaining the July 30, 2015 revision of the Comment published with the Court’s Order at 45 Pa.B. 4759 (August 15, 2015). Source The provisions of this Rule 409 amended December 30, 2005, effective February 1, 2006, 36 Pa.B. 384; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended July 30, 2015, effective October 1, 2015, 45 Pa.B. 4759. Immediately preceding text appears at serial page (365870). Official Note Adopted May 8, 1998, effective October 1, 1998; Comment revised December 30, 2005, effective February 1, 2006; rescinded and replaced January 17, 2013, effective March 18, 2013; Comment revised July 30, 2015, effective October 1, 2015. Committee Explanatory Reports : Final Report explaining the December 30, 2005 revision of the Comment published with the Court’s Order at 36 Pa.B. 384 (January 28, 2006). Final Report explaining the January 17, 2013 rescission and replacement published with the Court’s Order at 43 Pa.B. 651 (February 2, 2013). Final Report explaining the July 30, 2015 revision of the Comment published with the Court’s Order at 45 Pa.B. 4759 (August 15, 2015). Source The provisions of this Rule 409 amended December 30, 2005, effective February 1, 2006, 36 Pa.B. 384; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended July 30, 2015, effective October 1, 2015, 45 Pa.B. 4759. Immediately preceding text appears at serial page (365870). Adopted May 8, 1998, effective October 1, 1998; Comment revised December 30, 2005, effective February 1, 2006; rescinded and replaced January 17, 2013, effective March 18, 2013; Comment revised July 30, 2015, effective October 1, 2015. Committee Explanatory Reports : Final Report explaining the December 30, 2005 revision of the Comment published with the Court’s Order at 36 Pa.B. 384 (January 28, 2006). Final Report explaining the January 17, 2013 rescission and replacement published with the Court’s Order at 43 Pa.B. 651 (February 2, 2013). Final Report explaining the July 30, 2015 revision of the Comment published with the Court’s Order at 45 Pa.B. 4759 (August 15, 2015). Source The provisions of this Rule 409 amended December 30, 2005, effective February 1, 2006, 36 Pa.B. 384; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended July 30, 2015, effective October 1, 2015, 45 Pa.B. 4759. Immediately preceding text appears at serial page (365870). Committee Explanatory Reports : Final Report explaining the December 30, 2005 revision of the Comment published with the Court’s Order at 36 Pa.B. 384 (January 28, 2006). Final Report explaining the January 17, 2013 rescission and replacement published with the Court’s Order at 43 Pa.B. 651 (February 2, 2013). Final Report explaining the July 30, 2015 revision of the Comment published with the Court’s Order at 45 Pa.B. 4759 (August 15, 2015). Source The provisions of this Rule 409 amended December 30, 2005, effective February 1, 2006, 36 Pa.B. 384; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended July 30, 2015, effective October 1, 2015, 45 Pa.B. 4759. Immediately preceding text appears at serial page (365870). Final Report explaining the December 30, 2005 revision of the Comment published with the Court’s Order at 36 Pa.B. 384 (January 28, 2006). Final Report explaining the January 17, 2013 rescission and replacement published with the Court’s Order at 43 Pa.B. 651 (February 2, 2013). Final Report explaining the July 30, 2015 revision of the Comment published with the Court’s Order at 45 Pa.B. 4759 (August 15, 2015). Source The provisions of this Rule 409 amended December 30, 2005, effective February 1, 2006, 36 Pa.B. 384; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended July 30, 2015, effective October 1, 2015, 45 Pa.B. 4759. Immediately preceding text appears at serial page (365870). Final Report explaining the January 17, 2013 rescission and replacement published with the Court’s Order at 43 Pa.B. 651 (February 2, 2013). Final Report explaining the July 30, 2015 revision of the Comment published with the Court’s Order at 45 Pa.B. 4759 (August 15, 2015). Source The provisions of this Rule 409 amended December 30, 2005, effective February 1, 2006, 36 Pa.B. 384; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended July 30, 2015, effective October 1, 2015, 45 Pa.B. 4759. Immediately preceding text appears at serial page (365870). Final Report explaining the July 30, 2015 revision of the Comment published with the Court’s Order at 45 Pa.B. 4759 (August 15, 2015). Source The provisions of this Rule 409 amended December 30, 2005, effective February 1, 2006, 36 Pa.B. 384; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended July 30, 2015, effective October 1, 2015, 45 Pa.B. 4759. Immediately preceding text appears at serial page (365870). Source The provisions of this Rule 409 amended December 30, 2005, effective February 1, 2006, 36 Pa.B. 384; rescinded and replaced January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended July 30, 2015, effective October 1, 2015, 45 Pa.B. 4759. Immediately preceding text appears at serial page (365870).

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