Bill > H1860

This bill proposes to amend existing laws in Massachusetts to provide for a more equitable allocation of recovery proceeds in cases where subrogation claims are involved. Specifically, it requires that the expense of any attorney's fees and costs incurred in obtaining a judgment, compromise, or settlement be divided between the health insurer (e.g., HMO, hospital, medical, or dental service corporation) and the injured person in proportion to the amounts received by them. Additionally, the bill allows the court to reduce the amount of the insurer's lien if the settlement or judgment is less than the plaintiff's total damages, after evaluating the plaintiff's total damages. These provisions aim to ensure a fairer distribution of the recovered funds between the injured person and the insurer that provided benefits.

Justice

https://malegislature.gov/Bills/192/H1860