HF 4481

as introduced - 90th Legislature (2017 - 2018) Posted on 05/07/2018 10:55am

A bill for an act
relating to insurance; auto; changing requirements relating to the assignment of
benefits and arbitration; amending Minnesota Statutes 2016, sections 65B.525, by
adding a subdivision; 65B.54, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 65B.525, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Commencement of arbitration. new text end

new text begin Arbitration may be commenced by either the
insured or the insured's assignee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 65B.54, subdivision 1, is amended to read:

Subdivision 1.

Payment of basic economic loss benefits.

Basic economic loss benefits
are payable monthly as loss accrues. Loss accrues not when injury occurs, but as income
loss, replacement services loss, survivor's economic loss, survivor's replacement services
loss, or medical or funeral expense is incurred. new text begin Notwithstanding the foregoing, for the
purpose of ensuring the validity of an insured's assignment of benefits, loss occurs at the
time of the accident causing the injury. new text end Benefits are overdue if not paid within 30 days after
the reparation obligor receives reasonable proof of the fact and amount of loss realized,
unless the reparation obligor elects to accumulate claims for periods not exceeding 31 days
and pays them within 15 days after the period of accumulation. If reasonable proof is supplied
as to only part of a claim, and the part totals $100 or more, the part is overdue if not paid
within the time provided by this section. Medical or funeral expense benefits may be paid
by the reparation obligor directly to persons supplying products, services, or accommodations
to the claimant. Claims by a health provider defined in section 62J.03, subdivision 8, for
medical expense benefits covered by this chapter shall be submitted to the reparation obligor
pursuant to the uniform electronic transaction standards required by section 62J.536 and
the rules promulgated under that section. Payment of benefits for such claims for medical
expense benefits are not due if the claim is not received by the reparation obligor pursuant
to those electronic transaction standards and rules. Notwithstanding any such submission,
a reparation obligor may require additional reasonable proof regarding the fact and the
amount of loss realized regarding such a claim. A health care provider cannot directly bill
an insured for the amount of any such claim not remitted pursuant to the transaction standards
required by section 62J.536 if the reparation obligor is acting in compliance with these
standards in receiving or paying such a claim.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively and applies to assignments
executed on or after January 1, 2010.
new text end