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MA H4362

MA H4362
Concerning equitable allocation of recovery proceeds for subrogation claims


summary

Introduced
02/12/2024
In Committee
02/12/2024
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

193rd General Court

Bill Summary

Concerning equitable allocation of recovery proceeds for subrogation claims

AI Summary

This bill aims to ensure a more equitable allocation of recovery proceeds for subrogation claims. It amends the existing laws to require that any attorney's fees and costs incurred in enforcing liability and obtaining a judgment, settlement, or compromise be divided proportionately between the health maintenance organization, hospital, medical or dental service corporation, and the injured person. Additionally, the bill allows the court to reduce the amount of the lien if the settlement or judgment is less than the injured person's total damages, after a hearing and evaluation of the injured party's total damages. Finally, the bill gives the injured party the ability to withdraw consent to a settlement if they are dissatisfied with the court's apportionment, except in the case of a final judgment.

Committee Categories

Health and Social Services

Sponsors (3)

Other Sponsors (1)

Joint Committee on the Judiciary (Joint)

Last Action

Accompanied a study order, see H5015 (on 09/12/2024)

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location
State Bill Page https://malegislature.gov/Bills/193/H4362
BillText https://malegislature.gov/Bills/193/H4362.pdf
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