Revision: Dec. 10, 2009, midnight
HB 1259 – AS INTRODUCED
2010 SESSION
06/03
HOUSE BILL 1259
AN ACT relative to subrogation claims and liens in civil actions.
SPONSORS: Rep. Nixon, Hills 17; Rep. Rowe, Hills 6; Rep. Craig, Hills 9; Rep. McEachern, Rock 16
This bill requires the court to order a division of expenses and costs in subrogation claims and liens.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2257
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to subrogation claims and liens in civil actions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Subrogation Claims. Amend RSA 507 by inserting after section 7-i the following new section:
507:7-j Subrogation Claims. Whenever a subrogation claim pursuant to a contract of insurance or a Medicaid or statutory lien is asserted for reimbursement of medical expenses as to a plaintiff’s recovery against a third party, the court in which the action is pending shall order such division of expenses and costs, including attorneys’ fees, between the plaintiff and the insurance carrier, the medical provider, or the state, as justice may require. Reimbursement shall not exceed 2/3 of the amount claimed by the insurance carrier, the medical provider, or the state.
2 Effective Date. This act shall take effect January 1, 2011.