SF 2909

as introduced - 89th Legislature (2015 - 2016) Posted on 03/22/2016 03:47pm

A bill for an act
relating to commerce; authorizing certain data collection by the Department of
Commerce relating to no-fault auto insurance claims; reviving the Task Force
on No-Fault Auto Insurance; requiring a report; proposing coding for new law
in Minnesota Statutes, chapter 65B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[65B.85] DATA COLLECTION; NO-FAULT AUTO INSURANCE
CLAIMS.

Subdivision 1.

Reporting by reparation obligor.

A reparation obligor must report
to the commissioner the following data in its possession relating to claims under plans of
reparation security issued by it:

(1) the number of no-fault-related accidents that result in injuries requiring
hospitalization, or that lead to any form of accident-related medical treatment, including
by a doctor, chiropractor, or physical or occupational therapist, or any other medical
professional. Data must be at the level of detail necessary to identify whether soft-tissue
treatment occurs and specific details about type and extent of the treatment;

(2) cost of care data for medical coverage of comparable injuries that is paid under:
(i) major medical programs operating in the state, including Medicare; (ii) the state's
workers compensation system; and (iii) the no-fault system. Data should include both
what was charged by the medical provider as well as what was ultimately paid;

(3) data on how no-fault claim payments are allocated, including:

(i) the number of claims that do not reach the $20,000 limit, and the actual amount
paid for each claim;

(ii) the number of claims that reach or exceed the $20,000 limit, and the actual
amount paid for each claim;

(iii) the total cost of care for all medical expenses attributed to the no-fault-related
incident, including and in addition to the $20,000 limit;

(4) data on disputed claims as follows:

(i) the number of denied claims on an annual basis;

(ii) the number of independent medical examinations requested on an annual basis;

(iii) the number of claims that actually go to an independent medical examination
and the rationale for the independent medical examination determination on an annual
basis; and

(iv) the number of bodily injury claims on an annual basis;

(5) data on arbitration and the arbitration process as follows:

(i) the number of arbitration awards on an annual basis, and the total, range, and
average amount of awards;

(ii) the percentage of award that goes to the provider;

(iii) the total expense of arbitration and how much is covered by the award;

(iv) the number of arbitrators available to hear cases; and

(v) the number of cases each arbitrator hears on an annual basis, as well as the
average and range of the number of cases heard per arbitrator; and

(6) data on individual no-fault claims that are consolidated into a single proceeding
including:

(i) the average and range of the number of individual claims consolidated into a
single proceeding;

(ii) for consolidated proceedings:

(A) how long on average individual claims are accumulated for a consolidated
proceeding;

(B) the range of time for these claims to be resolved; and

(C) the average and range of the dollar amounts of the individual claims; and

(iii) the average and range of the dollar amounts awarded for all consolidated and
nonconsolidated proceedings.

Subd. 2.

Reporting by state agencies.

Upon request, a state agency that holds data
covered by subdivision 1 must report that data to the commissioner.

Subd. 3.

Form.

The commissioner shall prescribe the time and format for reporting
under this section, provided that no reporting is due prior to August 1, 2016.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2. TASK FORCE ON NO-FAULT AUTO INSURANCE ISSUES.

Subdivision 1.

Revived and reconstituted.

Notwithstanding Laws 2015, First
Special Session chapter 1, article 3, section 25, subdivision 5, the Task Force on No-Fault
Auto Insurance is revived and reconstituted with the same membership and staffing.

Subd. 2.

Reporting.

By February 1, 2018, the task force must submit to the chairs
and ranking minority members of the house of representatives and senate committees
and divisions with primary jurisdiction over commerce and transportation its written
recommendations related to the issues set forth in Laws 2015, First Special Session
chapter 1, article 3, section 25, subdivision 3. The report shall incorporate relevant data
collected by the commissioner under Minnesota Statutes, section 65B.85.

EFFECTIVE DATE.

This section is effective the day following final enactment.