HF 3247

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2016 11:49am

A bill for an act
relating to no-fault auto insurance; regulating basic economic loss benefits;
preventing double recovery; amending Minnesota Statutes 2014, section 65B.44,
subdivision 1.

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

Section 1.

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, 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 new text begin minus the value of basic or optional economic loss benefits paid
or payable as part of the recovery awarded in a negligence action brought pursuant to
section 65B.51 to the extent necessary to avoid a double recovery new text end , 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.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2016,
and applies to actions arising from incidents occurring on or after that date.
new text end