Bill > H1093

This bill amends Massachusetts law to prohibit insurance companies (including health insurers, medical service plans, hospital service plans, and health maintenance organizations) from pursuing subrogation claims or liens against individuals who settle personal injury, medical malpractice, or wrongful death claims. Specifically, the bill establishes that when an individual settles a claim against another party, it will be legally presumed that the settlement does not include compensation for health care services, lost earnings, or other economic losses already paid or obligated to be paid by an insurer. This means that insurers cannot seek reimbursement from settlement proceeds for expenses they have already covered. The bill protects individuals from being penalized or violating insurance contracts when they reach settlements, and it prevents insurers from attempting to recover their paid expenses through subrogation claims or liens. Any violation of this provision would be considered an unfair or deceptive practice in the insurance business, which could subject the insurer to potential penalties or legal action.