44-2826. Advance payment; not construed as admission of liability; inadmissible as evidence; reduction or adjustment of judgment; claim not assignable.

(1) Any payment made by a health care provider or his insurer to or for the patient or any other person in the patient's behalf in advance of a final determination of liability of all health care providers shall not be construed as an admission of liability for injuries or damages suffered in any action brought under sections 44-2801 to 44-2855.

(2) Evidence of an advance payment shall not be admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff by the amount of such advance payment. The advance payment shall inure to the exclusive benefit of the defendant making the payment. If the advance payment exceeds the liability of the defendant, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of costs. In no case shall an advance payment in excess of the amount found to be due from any health care provider be repayable to the health care provider making it.

(3) A patient's claim for compensation under sections 44-2801 to 44-2855 shall not be assignable.

Source:Laws 1976, LB 434, ยง 26.