SB 580 - AS INTRODUCED
2020 SESSION
20-2869
01/03
SENATE BILL 580
AN ACT relative to the scope of medical payments under a motor vehicle insurance policy.
SPONSORS: Sen. Rosenwald, Dist 13; Sen. Morgan, Dist 23; Rep. Williams, Hills. 4; Rep. Indruk, Hills. 34
COMMITTEE: Commerce
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ANALYSIS
This bill clarifies the scope of medical payments under a motor vehicle insurance policy.
This bill is a request of the insurance department.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2869
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the scope of medical payments under a motor vehicle insurance policy.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Accidents and Financial Responsibility; 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 therein or supplemental thereto in an amount equal to or greater than $1,000 per person for reasonable medical [costs] expenses 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] expenses incurred during 3 years following the date the injuries are sustained and the injured driver or passenger shall not be responsible for medical [costs] expenses that have been determined by the motor vehicle liability insurer to not be reasonable.
II. A health carrier, as defined in RSA 420-G:2, VIII, shall not coordinate benefits against medical payments coverage.
III. Medical payments coverage shall not be assignable to any health care provider.
IV. The insured shall have the exclusive right to submit a claim for medical expenses under either medical payments coverage 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 and a health insurance policy for the same medical expense. Medical expenses shall include, but not be limited to, a health insurance lien by a health carrier, as defined in RSA 420-G:2, VIII.
2 Accidents and Financial Responsibility; Subrogation. Amend RSA 264:17 to read as follows:
264:17 Subrogation Prohibited. The right of subrogation against any third party shall not exist or be claimed in favor of the insurer who has paid or reimbursed, to or for the benefit of the insured, medical [costs] expenses under coverage provided for pursuant to RSA 264:16.
3 Effective Date. This act shall take effect 60 days after its passage.
| Date | Body | Type |
|---|---|---|
| March 10, 2020 | Senate | Hearing |
| March 19, 2020 | Senate | Floor Vote |
June 16, 2020: Pending Motion Ought to Pass; 06/16/2020; SJ 8
June 16, 2020: Placed on Laid on Table Consent List and Laid on Table, MA, VV; 06/16/2020; SJ 8
March 19, 2020: Committee Report: Ought to Pass; Vote 5-0; CC SC 11
March 10, 2020: Hearing: 03/10/2020, Room 100, SH, 01:00 pm; SC 10
Jan. 8, 2020: To Be Introduced 01/08/2020 and Referred to Commerce; SJ 1