HF 1458

as introduced - 89th Legislature (2015 - 2016) Posted on 03/05/2015 10:27pm

A bill for an act
relating to insurance; modifying basic economic loss benefits to include losses
to a Good Samaritan; amending Minnesota Statutes 2014, sections 65B.43, by
adding a subdivision; 65B.44, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 65B.43, is amended by adding a
subdivision to read:

new text begin Subd. 21. new text end

new text begin Good Samaritan. new text end

new text begin "Good Samaritan" means an individual falling within
the scope of section 604A.01.
new text end

Sec. 2.

Minnesota Statutes 2014, section 65B.44, subdivision 1, is amended to read:

Subdivision 1.

Inclusions.

(a) Basic economic loss benefits shall provide
reimbursement for all loss suffered through injury arising out of the maintenance or use
of a motor vehicle, new text begin and for all loss to a Good Samaritan, as defined in section 65B.43,
subdivision 21, resulting from a Good Samaritan action reasonably related to another
person's maintenance or use of a motor vehicle, new text end subject to any applicable deductibles,
exclusions, disqualifications, and other conditions, and shall provide a minimum of
$40,000 for loss arising out of the injury of any one person, consisting of:

(1) $20,000 for medical expense loss arising out of injury to any one person; and

(2) a total of $20,000 for income loss, replacement services loss, funeral expense
loss, survivor's economic loss, and survivor's replacement services loss arising out of the
injury to any one person.

(b) Notwithstanding any other law to the contrary, a person entitled to basic
economic loss benefits under this chapter is entitled to the full medical expense benefits set
forth in subdivision 2, and may not receive medical expense benefits that are in any way
less than those provided for in subdivision 2, or that involve any preestablished limitations
on the benefits. Medical expenses must be reasonable and must be for necessary medical
care as provided in subdivision 2. This paragraph shall not be deemed to alter the
obligations of an insured or the rights of a reparation obligor as set forth in section 65B.56.

(c) No reparation obligor or health plan company as defined in section 62Q.01,
subdivision 4, may enter into or renew any contract that provides, or has the effect of
providing, managed care services to no-fault claimants. For the purposes of this section,
"managed care services" is defined as any program of medical services that uses health care
providers managed, owned, employed by, or under contract with a health plan company.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective for insurance policies issued on or after January 1, 2016.
new text end