as introduced - 87th Legislature (2011 - 2012) Posted on 03/07/2011 09:17am
Engrossments | ||
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Introduction | Posted on 03/07/2011 |
A bill for an act
relating to insurance; no-fault auto; modifying the limitation on damages for
noneconomic detriment; amending Minnesota Statutes 2010, section 65B.51,
subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2010, section 65B.51, subdivision 3, is amended to read:
In an action
described in subdivision 1, no person shall recover damages for noneconomic detriment
unlessdeleted text begin :
deleted text end
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(a) The sum of the following exceeds $4,000:
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(1) reasonable medical expense benefits paid, payable or payable but for any
applicable deductible, plus
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(2) the value of free medical or surgical care or ordinary and necessary nursing
services performed by a relative of the injured person or a member of the injured person's
household, plus
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(3) the amount by which the value of reimbursable medical services or products
exceeds the amount of benefit paid, payable, or payable but for an applicable deductible
for those services or products if the injured person was charged less than the average
reasonable amount charged in this state for similar services or products, minus
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(4) the amount of medical expense benefits paid, payable, or payable but for
an applicable deductible for diagnostic X-rays and for a procedure or treatment for
rehabilitation and not for remedial purposes or a course of rehabilitative occupational
training; or
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deleted text begin (b)deleted text end the injury results in:
(1) permanent disfigurement;
(2)new text begin seriousnew text end permanent deleted text begin injurydeleted text end new text begin impairment of an important bodily functionnew text end ;
(3) death; or
(4) disability for 60 days or more.
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(c) For the purposes of clause (a) evidence of the reasonable value of medical
services and products shall be admissible in any action brought in this state.
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For the purposes of this subdivision disability means the inability to engage in
substantially all of the injured person's usual and customary daily activities.
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This section is effective August 1, 2011,
and applies to actions arising from incidents occurring on or after that date.
new text end