Bill Amendment: AZ HB2191 | 2017 | Fifty-third Legislature 1st Regular

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Angel investor; tax credit cap

Status: 2017-05-22 - Chapter 319 [HB2191 Detail]

Download: Arizona-2017-HB2191-HOUSE_-_Health.html

 

Fifty-third Legislature                                                    Health

First Regular Session                                                   H.B. 2191

 

PROPOSED

HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2191

(Reference to printed bill)

 

 

 


Page 1, strike lines 2 through 45

Strike pages 2 through 4

Page 5, strike lines 1 through 39

Renumber to conform

Line 44, after "PAYMENT" insert "equal to or more than eight hundred dollars"

Line 45, strike "WHO IS A RESIDENT OF THIS STATE OR"

Page 6, line 3, strike "SHALL" insert "may"

Line 17, after "NUMBER" insert ", if available,"

Page 7, line 2, strike "OF THE SOCIAL SECURITY NUMBER OF" insert "with"

Line 3, after "SEND" insert "within three business days after discovering the match"

Line 5, after the period insert "Any portion that replaces wages or provides income in lieu of wages is subject to the limitations prescribed in section 33‑1131, subsection C."

Between lines 8 and 9, insert:

"H.  An insurer that satisfies a child support limited income withholding order as provided in this section is not liable to the claimant or the claimant's beneficiary or creditors."

Reletter to conform

Line 15, after "FOR" insert "both of the following"

Line 16, after "CLAIM" insert ", including attorney fees, court costs, witness fees and reasonable litigation expenses"

Line 17, strike "EXPENSES INCURRED BY a"; strike "PROVIDER" insert "expenses"

Page 7, line 20, after "SECTION" insert "or for a delay in the payment of a claim resulting from compliance with this section"

Between lines 20 and 21, insert:

"L.  An insurer that makes a payment on a child support lien as provided in this section is not liable to the claimant or the claimant's beneficiary or creditors.  An insurer that in good faith fails to make a payment on a child support lien as provided in this section is immune from civil liability.  This section does not give rise to a claim or cause of action against an insurer by an person who asserts that the person is the intended obligee of the outstanding lien for child support.

M.  An insurer is not required to report or identify the following types of claims:

1.  First party actual property damage claims that are benefits payable under an insurance policy arising out of covered damage for actual repair, replacement or loss of use of an insured property, including a payment for:

(a)  Physical damage coverage under a personal automobile policy for actual repair, replacement, loss of use or other associated costs including towing, storage, vehicle rentals or costs to an insured vehicle and sent directly to a vendor or repair facility for the actual repair or replacement of the damaged property.

(b)  Coverage for loss of damage to an insured dwelling and contents under a residential, homeowners, farm and ranch owners, condominium owners, landlord owners or tenant property insurance policy or other similar policies, including additional living expenses payable under such a policy.

(c)  Benefits paid to the mortgagee or lienholder of the property, including payments issued jointly to the insured and the mortgagee.

(d)  Coverage for physical loss or damage to commercial property or business personal property insured under a commercial property, farm, inland marine, builder's risk or other similar policy.

2.  Actual medical expenses that are payments issued to:

(a)  And sent directly to a health care provider.

(b) The claimant after the claimant provides proof of the amount actually paid by the claimant to the health care provider and the amount is at least as much as the insurance payment, but does not include any amounts that are billed but not paid.

3.  A copayable insurance payment mailed directly to a vendor, repair facility or health care provider that includes the claimant as a copayee under paragraph 1 or 2 of this subsection.

4.  Benefits payable directly to a creditor of a claimant under the terms of the policy.

5.  Benefits assigned to be paid to a health care provider or facility for actual expenses that are the amount actually owed by the insured but not otherwise paid or reimbursed.

6.  Limited benefits that include coverage for one or more specified diseases or illnesses, dental or vision benefits, hospital indemnity or other fixed indemnity insurance coverage and short term major medical contracts and that do not exceed one thousand dollars per person over a thirty day period, including any benefits to be paid under a plan or rider of accident insurance or accidental death or loss of limb coverage.

7.  Benefits paid in accordance with group long‑term care insurance or long-term care insurance as defined in section 20-1691.

8.  Benefits paid on behalf of an individual directly to a retirement plan or an accelerated death benefit. 

9.  Third party property damage claims that are benefits paid or payable:

(a)  To a vendor or repair facility for the actual repair, replacement or loss of use of any of the following:

(i)  A dwelling, condominium or other improvements on real property.

(ii)  A vehicle, including a motor vehicle, motorcycle or recreational vehicle.

(iii)  Other tangible property that has sustained actual damage or loss.

(b)  For a claim for reimbursement of the claimant for payments made by the claimant to the vendor or repair facility for the actual repair, replacement or loss of use of any of the following:

(i)  A dwelling, condominium or other improvements on real property.

(ii)  A vehicle, including a motor vehicle, motorcycle or recreational vehicle.

(iii)  Other tangible property that has sustained actual damage or loss.

10.  Benefits paid or payable to a claimant under workers’ compensation benefits coverage where the claimant has paid a health care provider's bill and payment is no greater than the amount owed for the treatment rendered.

11.  Claims covered under a health benefits plan. For the purposes of this paragraph, "health benefits plan" means a hospital and medical service corporation policy or certificate, a health care services organization contract, a disability policy, a group disability policy, a certificate of insurance of a group disability policy that is not issued in this state, a multiple employer welfare arrangement or any other arrangement under which health services or health benefits are provided.  Health benefits plan does not include:

(a)  Accident only, dental only, vision only, disability income only or long-term care only insurance, fixed or hospital indemnity coverage, limited benefit coverage, specified disease coverage, credit coverage or taft-hartley trusts.

(b)  Coverage that is issued as a supplement to liability insurance.

(c)  Medicare supplemental insurance.

(d)  Workers' compensation insurance.

(e)  Automobile medical payment insurance.

N.  An insurer subject to the matching and reporting requirements in this section may match and report any claim seeking an economic benefit in which any of the following applies:

1.  A first party claimant making a claim resides in this state.

2.  A third party claimant making a third party claim resides in this state.

3.  A liability insurer or an eligible surplus lines insurer is providing coverage to an insured on a third party claim and the claim occurred in this state."

Reletter to conform

Page 7, line 22, after "A" strike remainder of line

Line 23, strike "DEATH"; after "POLICY" insert ", including casualty insurance as defined in section 20‑252 and disability insurance as defined in section 20‑253"

After line 34, insert:

"Sec. 3.  Child support insurance data match; intent

It is the intent of the legislature that the department of economic security continue to work with insurance industry representatives on best practices for maximizing participation in the voluntary insurance data match program established in section 25-505.02, Arizona Revised Statutes, as added by this act, to get needed child support to families.  The department may establish working groups with insurers, including those insurers offering life insurance policies, on strategies to facilitate participation, including using the department's child support evader website to identify potential intercepts for payment of child support arrears."

Amend title to conform


 

REGINA E. COBB

 

2191COBB

02/15/2017

11:39 AM

C: KCB

 

 

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