Bill Text: MN SF389 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: No-fault automobile insurance basic economic loss benefits modifications
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-14 - Comm report: To pass as amended and re-refer to Finance [SF389 Detail]
Download: Minnesota-2011-SF389-Engrossed.html
1.2relating to insurance; regulating no-fault medical expense loss benefits; adjusting
1.3disability and funeral expense benefits;amending Minnesota Statutes 2010,
1.4section 65B.44, subdivisions 1, 3, 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 65B.44, subdivision 1, is amended to read:
1.7 Subdivision 1. Inclusions. (a) Basic economic loss benefits shall provide
1.8reimbursement for all loss suffered through injury arising out of the maintenance or use
1.9of a motor vehicle, subject to any applicable deductibles, exclusions, disqualifications,
1.10and other conditions, and shall provide a minimum of $40,000 for loss arising out of the
1.11injury of any one person, consisting of:
1.12(1) $20,000 for medical expense loss arising out of injury to any one person; and
1.13(2) a total of $20,000 for income loss, replacement services loss, funeral expense
1.14loss, survivor's economic loss, and survivor's replacement services loss arising out of the
1.15injury to any one person.
1.16(b) Notwithstanding any other law to the contrary, a person entitled to basic
1.17economic loss benefits under this chapter is entitled to the full medical expense benefits set
1.18forth in subdivision 2, and may not receive medical expense benefits that are in any way
1.19less than those provided for in subdivision 2, or that involve any preestablished limitations
1.20on the benefits. Medical expenses must be reasonable and must be for necessary medical
1.21care as provided in subdivision 2. This paragraph shall not be deemed to alter the
1.22obligations of an insured or the rights of a reparation obligor as set forth in section65B.56 .
1.23This paragraph does not apply to medical expense loss that is subject to paragraph (d).
2.1(c) No reparation obligor or health plan company as defined in section62Q.01,
2.2subdivision 4 , may enter into or renew any contract that provides, or has the effect of
2.3providing, managed care services to no-fault claimants. For the purposes of this section,
2.4"managed care services" is defined as any program of medical services that uses health care
2.5providers managed, owned, employed by, or under contract with a health plan company.
2.6(d) Medical expense loss for diagnosis and treatment of a soft tissue injury is covered
2.7only if provided in compliance with the codes, treatment standards, and fee schedules
2.8provided in Minnesota Rules, chapter 5221. The term soft tissue injury specifically
2.9includes, without limitation, any injury with treatment covered by the procedure codes set
2.10forth in Minnesota Rules, chapter 5221, other than such treatment delivered by a health
2.11care provider defined in Minnesota Rules, part 5221.0100, subpart 11a, or by a medical
2.12facility described in section 176.136, subdivision 1b, paragraphs (a) and (b).
2.13 Sec. 2. Minnesota Statutes 2010, section 65B.44, subdivision 3, is amended to read:
2.14 Subd. 3. Disability and income loss benefits. Disability and income loss benefits
2.15shall provide compensation for 85 percent of the injured person's loss of present and future
2.16gross income from inability to work proximately caused by the nonfatal injury subject
2.17to a maximum of$250 $500 per week. Loss of income includes the costs incurred by a
2.18self-employed person to hire substitute employees to perform tasks which are necessary to
2.19maintain the income of the injured person, which are normally performed by the injured
2.20person, and which cannot be performed because of the injury.
2.21If the injured person is unemployed at the time of injury and is receiving or is
2.22eligible to receive unemployment benefits under chapter 268, but the injured person loses
2.23eligibility for those benefits because of inability to work caused by the injury, disability
2.24and income loss benefits shall provide compensation for the lost benefits in an amount
2.25equal to the unemployment benefits which otherwise would have been payable, subject to
2.26a maximum of$250 $500 per week.
2.27Compensation under this subdivision shall be reduced by any income from substitute
2.28work actually performed by the injured person or by income the injured person would
2.29have earned in available appropriate substitute work which the injured person was capable
2.30of performing but unreasonably failed to undertake.
2.31For the purposes of this section "inability to work" means disability which prevents
2.32the injured person from engaging in any substantial gainful occupation or employment
2.33on a regular basis, for wage or profit, for which the injured person is or may by training
2.34become reasonably qualified. If the injured person returns to employment and is unable by
2.35reason of the injury to work continuously, compensation for lost income shall be reduced
3.1by the income received while the injured person is actually able to work. The weekly
3.2maximums may not be prorated to arrive at a daily maximum, even if the injured person
3.3does not incur loss of income for a full week.
3.4For the purposes of this section, an injured person who is "unable by reason of the
3.5injury to work continuously" includes, but is not limited to, a person who misses time
3.6from work, including reasonable travel time, and loses income, vacation, or sick leave
3.7benefits, to obtain medical treatment for an injury arising out of the maintenance or use
3.8of a motor vehicle.
3.9 Sec. 3. Minnesota Statutes 2010, section 65B.44, subdivision 4, is amended to read:
3.10 Subd. 4. Funeral and burial expenses. Funeral and burial benefits shall be
3.11reasonable expenses not in excess of$2,000 $5,000, including expenses for cremation or
3.12delivery under the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 525A.
1.3disability and funeral expense benefits;amending Minnesota Statutes 2010,
1.4section 65B.44, subdivisions 1, 3, 4.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 65B.44, subdivision 1, is amended to read:
1.7 Subdivision 1. Inclusions. (a) Basic economic loss benefits shall provide
1.8reimbursement for all loss suffered through injury arising out of the maintenance or use
1.9of a motor vehicle, subject to any applicable deductibles, exclusions, disqualifications,
1.10and other conditions, and shall provide a minimum of $40,000 for loss arising out of the
1.11injury of any one person, consisting of:
1.12(1) $20,000 for medical expense loss arising out of injury to any one person; and
1.13(2) a total of $20,000 for income loss, replacement services loss, funeral expense
1.14loss, survivor's economic loss, and survivor's replacement services loss arising out of the
1.15injury to any one person.
1.16(b) Notwithstanding any other law to the contrary, a person entitled to basic
1.17economic loss benefits under this chapter is entitled to the full medical expense benefits set
1.18forth in subdivision 2, and may not receive medical expense benefits that are in any way
1.19less than those provided for in subdivision 2, or that involve any preestablished limitations
1.20on the benefits. Medical expenses must be reasonable and must be for necessary medical
1.21care as provided in subdivision 2. This paragraph shall not be deemed to alter the
1.22obligations of an insured or the rights of a reparation obligor as set forth in section
1.23This paragraph does not apply to medical expense loss that is subject to paragraph (d).
2.1(c) No reparation obligor or health plan company as defined in section
2.2subdivision 4
2.3providing, managed care services to no-fault claimants. For the purposes of this section,
2.4"managed care services" is defined as any program of medical services that uses health care
2.5providers managed, owned, employed by, or under contract with a health plan company.
2.6(d) Medical expense loss for diagnosis and treatment of a soft tissue injury is covered
2.7only if provided in compliance with the codes, treatment standards, and fee schedules
2.8provided in Minnesota Rules, chapter 5221. The term soft tissue injury specifically
2.9includes, without limitation, any injury with treatment covered by the procedure codes set
2.10forth in Minnesota Rules, chapter 5221, other than such treatment delivered by a health
2.11care provider defined in Minnesota Rules, part 5221.0100, subpart 11a, or by a medical
2.12facility described in section 176.136, subdivision 1b, paragraphs (a) and (b).
2.13 Sec. 2. Minnesota Statutes 2010, section 65B.44, subdivision 3, is amended to read:
2.14 Subd. 3. Disability and income loss benefits. Disability and income loss benefits
2.15shall provide compensation for 85 percent of the injured person's loss of present and future
2.16gross income from inability to work proximately caused by the nonfatal injury subject
2.17to a maximum of
2.18self-employed person to hire substitute employees to perform tasks which are necessary to
2.19maintain the income of the injured person, which are normally performed by the injured
2.20person, and which cannot be performed because of the injury.
2.21If the injured person is unemployed at the time of injury and is receiving or is
2.22eligible to receive unemployment benefits under chapter 268, but the injured person loses
2.23eligibility for those benefits because of inability to work caused by the injury, disability
2.24and income loss benefits shall provide compensation for the lost benefits in an amount
2.25equal to the unemployment benefits which otherwise would have been payable, subject to
2.26a maximum of
2.27Compensation under this subdivision shall be reduced by any income from substitute
2.28work actually performed by the injured person or by income the injured person would
2.29have earned in available appropriate substitute work which the injured person was capable
2.30of performing but unreasonably failed to undertake.
2.31For the purposes of this section "inability to work" means disability which prevents
2.32the injured person from engaging in any substantial gainful occupation or employment
2.33on a regular basis, for wage or profit, for which the injured person is or may by training
2.34become reasonably qualified. If the injured person returns to employment and is unable by
2.35reason of the injury to work continuously, compensation for lost income shall be reduced
3.1by the income received while the injured person is actually able to work. The weekly
3.2maximums may not be prorated to arrive at a daily maximum, even if the injured person
3.3does not incur loss of income for a full week.
3.4For the purposes of this section, an injured person who is "unable by reason of the
3.5injury to work continuously" includes, but is not limited to, a person who misses time
3.6from work, including reasonable travel time, and loses income, vacation, or sick leave
3.7benefits, to obtain medical treatment for an injury arising out of the maintenance or use
3.8of a motor vehicle.
3.9 Sec. 3. Minnesota Statutes 2010, section 65B.44, subdivision 4, is amended to read:
3.10 Subd. 4. Funeral and burial expenses. Funeral and burial benefits shall be
3.11reasonable expenses not in excess of
3.12delivery under the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 525A.
