HF 2615

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to insurance; no-fault automobile; clarifying the meaning of "arising out
of the maintenance or use of a motor vehicle"; amending Minnesota Statutes
2004, section 65B.44, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, 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, subject to any applicable deductibles, exclusions, disqualifications, and
other conditions deleted text begin , and deleted text end new text begin . An injury does not arise out of the maintenance or use of a motor
vehicle if the injury was caused by an act of independent significance that breaks the
chain of causation between the maintenance and use of a motor vehicle and the injury.
Voluntary intoxication that causes injury to the intoxicated person while that person is not
in, upon, or struck by a motor vehicle is an act of independent significance that breaks the
chain of causation.
new text end

new text begin (b) Basic economic loss benefits new text end 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.

deleted text begin (b) deleted text end new text begin (c) new text end 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.

deleted text begin (c) deleted text end new text begin (d) new text end 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. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective January 1, 2007, and applies to injuries occurring on or after
that date.
new text end