Bill

Bill > H1549


MA H1549

Concerning equitable allocation of recovery proceeds for subrogation claims


summary

Introduced
01/22/2019
In Committee
01/22/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

Relative to equitable allocation of recovery proceeds for certain subrogation claims. The Judiciary.

AI Summary

This bill aims to ensure a more equitable distribution of recovery proceeds in subrogation claims. It amends existing laws to require that the expenses of attorney's fees and costs incurred in obtaining a judgment, compromise, or settlement be divided proportionately between the health insurer and the injured person based on the amounts they each receive. Additionally, the bill limits the insurer's lien or right of reimbursement to the proportionate share of the recovery that corresponds to the benefits it provided, rather than the full amount. The bill also allows either the insurer or the injured person to petition the court for a determination of the reasonableness of the settlement and a fair allocation of the amounts payable.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H5081 (on 11/12/2020)

bill text


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