Bill Text: CT SB01105 | 2013 | General Assembly | Introduced

Connecticut Senate Bill 1105 (Prior Session Legislation)

Introduced

Bill Title: An Act Concerning A Right Of Recovery Against Third Parties For Medical Expenses Paid By State-provided Group Hospitalization And Medical And Surgical Insurance Plans For Covered Individuals.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2013-03-12 - Public Hearing 03/22 [SB01105 Detail]

Download: Connecticut-2013-SB01105-Introduced.html


General Assembly		*Raised Bill No. 1105*
*January Session, 2013*		LCO No. 3615
		03615_______APP
Referred to Committee on APPROPRIATIONS
Introduced by:
(APP)

AN ACT CONCERNING A RIGHT OF RECOVERY AGAINST THIRD PARTIES FOR MEDICAL EXPENSES PAID BY STATE-PROVIDED GROUP HOSPITALIZATION AND MEDICAL AND SURGICAL INSURANCE PLANS FOR COVERED INDIVIDUALS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 5-259 of the general statutes is amended by adding subsection (n) as follows (Effective from passage):

(NEW) (n) (1) The Comptroller may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to recover medical expenses, including health care provider, hospital, surgical or prescription drug expenses, paid for an individual covered by a plan procured by the Comptroller pursuant to subsection (a) of this section against a third party from whom the individual is entitled to recover such expenses.

(2) The Attorney General may bring suit against such third party in the name of the covered individual and in the Comptroller's own name as subrogee. If such individual receives payment from a third party by suit or settlement for any medical expenses, including health care provider, hospital, surgical or prescription drug expenses, such individual shall reimburse the Comptroller for the amount of such expenses paid by the plan under which the individual is covered, less the individual's pro rata share of the reasonable attorney's fees and costs incurred by the individual in obtaining such payment from such third party.

(3) For the purposes of this subsection, any payments made by a third party to, or on behalf of, an individual covered by a plan procured by the Comptroller pursuant to subsection (a) of this section to pay for or reimburse medical expenses, including health care provider, hospital, surgical or prescription drug expenses, shall not be considered collateral sources, as defined in section 52-225b, pursuant to section 52-225a and recovery of any such payments is excluded from the prohibition on the recovery of collateral source benefits under section 52-225c.

Sec. 2. Section 52-225b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

For purposes of sections 52-225a to 52-225c, inclusive: "Collateral sources" means any payments made to the claimant, or on his behalf, by or pursuant to: (1) Any health or sickness insurance, automobile accident insurance that provides health benefits, and any other similar insurance benefits, except life insurance benefits available to the claimant, whether purchased by him or provided by others; or (2) any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the costs of hospital, medical, dental or other health care services. "Collateral sources" do not include (A) amounts received by a claimant as a settlement, or (B) payments made by a third party to, or on behalf of, an individual covered by a plan procured by the Comptroller pursuant to subsection (a) of section 5-259 to pay for or reimburse medical expenses, including health care provider, hospital, surgical or prescription drug expenses, for the purposes of subsection (n) of said section 5-259, as amended by this act.


This act shall take effect as follows and shall amend the following sections:
Section 1	from passage	5-259
Sec. 2	from passage	52-225b

Statement of Purpose:

To permit the Comptroller to recover medical expenses paid by state-provided group hospitalization and medical and surgical insurance plans for covered individuals from liable third parties.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]