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HF 2897

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to insurance; no-fault automobile; regulating 
  1.3             independent medical examinations; amending Minnesota 
  1.4             Statutes 2002, section 65B.56, subdivision 1. 
  1.6      Section 1.  Minnesota Statutes 2002, section 65B.56, 
  1.7   subdivision 1, is amended to read: 
  1.9   CONDITION OF CLAIMANT.] (a) Any person with respect to whose 
  1.10  injury benefits are claimed under a plan of reparation security 
  1.11  shall, upon request of the reparation obligor from whom recovery 
  1.12  is sought, submit to a physical examination by a physician or 
  1.13  physicians selected by the obligor as may reasonably be required.
  1.14     The costs of any examinations requested by the obligor 
  1.15  shall be borne entirely by the requesting obligor.  Such 
  1.16  examinations shall be conducted within the city, town, or 
  1.17  statutory city of residence of the injured person.  If there is 
  1.18  no qualified physician to conduct the examination within the 
  1.19  city, town, or statutory city of residence of the injured 
  1.20  person, then such examination shall be conducted at another 
  1.21  place of the closest proximity to the injured person's 
  1.22  residence.  Obligors are authorized to include reasonable 
  1.23  provisions in policies for mental and physical examination of 
  1.24  those injured persons. 
  1.25     If requested by the person examined, a party causing an 
  2.1   examination to be made shall deliver to the examinee a copy of 
  2.2   every written report concerning the examination rendered by an 
  2.3   examining physician to that person, at least one of which 
  2.4   reports must set out in detail the findings and conclusions of 
  2.5   such examining physician. 
  2.6      An injured person shall also do all things reasonably 
  2.7   necessary to enable the obligor to obtain medical reports and 
  2.8   other needed information to assist in determining the nature and 
  2.9   extent of the injured person's injuries and loss, and the 
  2.10  medical treatment received.  If the claimant refuses to 
  2.11  cooperate in responding to requests for examination and 
  2.12  information as authorized by this section, evidence of such 
  2.13  noncooperation shall be admissible in any suit or arbitration 
  2.14  filed for damages for such personal injuries or for the benefits 
  2.15  provided by sections 65B.41 to 65B.71. 
  2.16     The provisions of this section apply before and after the 
  2.17  commencement of suit. 
  2.18     (b) If an insurer determines to deny benefits, in whole or 
  2.19  in part, to an insured person on the basis of an examination 
  2.20  under this section, the insurer is liable for, and must continue 
  2.21  to pay for, benefits for 45 days after the insurer notifies the 
  2.22  injured person of the intent to deny benefits.  If the injured 
  2.23  person does not file an arbitration claim within that time 
  2.24  period, the insurer may deny benefits prospectively.  If the 
  2.25  injured person does file an arbitration claim within that time 
  2.26  period, the insurer is liable for and must continue to pay for 
  2.27  benefits until the arbitration is completed, regardless of the 
  2.28  result of the arbitration.  The injured person must cooperate 
  2.29  fully with the arbitration and not unreasonably delay it. 
  2.30     (c) The insurer, and any person representing the insurer, 
  2.31  must not question the motives or ethics of the injured person or 
  2.32  of the injured person's treating health care provider, unless 
  2.33  there is substantial evidence to justify raising those issues. 
  2.34     Sec. 2.  [EFFECTIVE DATE.] 
  2.35     Section 1 is effective January 1, 2005, and applies to 
  2.36  examinations requested on or after that date.