SB 459 – AS INTRODUCED
2010 SESSION
01/04
SENATE BILL 459
AN ACT relative to medical payments coverage.
SPONSORS: Sen. Cilley, Dist 6; Rep. McEachern, Rock 16
COMMITTEE: Commerce, Labor and Consumer Protection
This bill prohibits insurers from including provisions in insurance policies which limit the payment of full benefits to policyholders.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2910
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to medical payments coverage.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Medical Payments. Amend RSA 264:16, I-IV to read as follows:
I. Any motor vehicle liability policy, as defined in RSA 259:61, covering a private passenger automobile and issued with respect to any motor vehicle registered or principally garaged in this state, shall provide medical payments coverage (MedPay) therein or supplemental thereto in an amount equal to or greater than $1,000 per person for medical costs incurred as a result of injuries sustained in an accident involving the insured vehicle by the driver and passengers in said vehicle. Such coverage shall apply only to medical costs incurred during one year following the date the injuries are sustained.
II. A health carrier, as defined in RSA 420-G:2, VIII, shall not coordinate benefits against [medical payments coverage] MedPay.
III. [Medical payments coverage] MedPay shall not be assignable to any health care provider; however, for payments for medical expenses over $500 that have been provided but not reimbursed, MedPay shall issue separate reimbursement checks payable to both the insured and the health care provider.
IV. The insured shall have the exclusive right to submit a claim for medical expenses under either [medical payments coverage] MedPay or a health insurance policy or both, as the insured elects; provided, however, an insured shall not be entitled to duplicate payment from [medical payments coverage] MedPay and a health insurance policy for the same medical expense. The insured may seek reimbursement under MedPay coverage for health insurance copayments and deductibles. Health care providers shall not collect reimbursement in excess of the contracted rate between the health insurance carrier and the health care provider regardless of which insurer pays first.
2 New Paragraph; Patients’ Bill of Rights. Amend RSA 151:21 by inserting after paragraph XXI the following new paragraph:
XXII. In the case of a motor vehicle accident, the patient shall have the exclusive right to submit a claim for medical expenses under either MedPay or a health insurance policy or both, as the patient elects; provided, however, a patient shall not be entitled to duplicate payment from MedPay and a health insurance policy for the same medical expense. The patient may seek reimbursement under MedPay coverage for health insurance copayments and deductibles. Health care providers shall not collect reimbursement in excess of the contracted rate between the health insurance carrier and the health care provider regardless of which insurer pays first.
3 Effective Date. This act shall take effect January 1, 2011.