Bill > H1750

This bill aims to ensure an equitable allocation of recovery proceeds for certain subrogation claims. The key provisions include: 1. Requiring the expense of any attorney's fees and costs incurred in enforcing the liability of the tortfeasor and obtaining a judgment, compromise, or settlement to be divided between the health maintenance organization, hospital, medical or dental service corporation, and the injured person in proportion to the amounts received by them. 2. Allowing the court to reduce the amount of the insurer's lien in the action if the settlement, judgment, or available funds are less than the plaintiff's total damages, after evaluating the plaintiff's total cognizable damages. 3. Providing a process for the injured person or the entity that provided benefits to petition the court for a determination of the reasonableness of the settlement and the fair allocation of amounts payable, with the same procedural requirements as provided in the Workers' Compensation Act. 4. Requiring a just and reasonable apportionment of the settlement or judgment between the injured person and the insurer paying the benefits under the Workers' Compensation Act, if they do not agree on the amount each is entitled to recover. This bill aims to promote equity and fairness in the allocation of recovery proceeds for subrogation claims, particularly when the settlement or judgment is less than the plaintiff's total damages.

Justice

https://malegislature.gov/Bills/193/H1750