Bill Text: OR HB2006 | 2013 | Regular Session | Introduced
Bill Title: Relating to personal injury protection benefits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2006 Detail]
Download: Oregon-2013-HB2006-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2103
House Bill 2006
Sponsored by Representative KOTEK (at the request of Michelle
DuBarry)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Extends personal injury protection benefit coverage for certain
expenses from one year after date of injury to two years after
date of injury.
Modifies amount of reimbursement due personal injury protection
benefit provider when total benefits exceed damages.
A BILL FOR AN ACT
Relating to personal injury protection benefits; creating new
provisions; and amending ORS 742.524 and 742.544.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 742.524 is amended to read:
742.524. (1) Personal injury protection benefits { - as - }
required { - by - } { + under + } ORS 742.520 { - shall - }
consist of the following payments for the injury or death of each
person:
(a) All reasonable and necessary expenses { - of - } { +
for + } medical, hospital, dental, surgical, ambulance and
prosthetic services
{ - incurred within one year - } { + the person incurs within
two years + } after the date of the person's injury, but not more
than $15,000 in the aggregate for all { - such - } { + of the
person's + } expenses { - of the person - } . Expenses
{ - of - } { + for + } medical, hospital, dental, surgical,
ambulance and prosthetic services { - shall be - } { +
are + } presumed to be reasonable and necessary unless the
{ - provider is given - } { + insurer gives the provider + }
notice { + , + } { - of denial of the charges - } not more
than 60 calendar days after the insurer receives from the
provider notice of the claim for the services { + , that the
insurer has denied the charges + }. At any time during the first
50 calendar days after the insurer receives notice of claim, the
provider shall, within 10 business days, answer in writing
questions from the insurer regarding the claim. For purposes of
{ - determining when - } { + calculating the end of + } the
60-day period { - provided by this paragraph has elapsed - }
{ + within which the insurer must notify the provider that the
insurer has denied the charges + }, counting of days
{ - shall - } { + must + } be suspended if the provider does
not supply written answers to the insurer within 10 days and may
not resume until the { + provider supplies the + } answers
{ - are supplied - } .
(b) If the injured person is usually engaged in a remunerative
occupation and if { + the person's + } disability continues for
at least 14 days, 70 percent of the loss of income from work
during the period of the injured person's disability until the
date the person is able to return to the person's usual
occupation. This benefit is subject to a maximum payment of
$3,000 per month and a maximum payment period in the aggregate of
52 weeks. As used in this paragraph, 'income' includes but is not
limited to salary, wages, tips, commissions, professional fees
and profits from an individually owned business or farm.
(c) If the injured person is not usually engaged in a
remunerative occupation and if { + the person's + } disability
continues for at least 14 days, the expenses { - reasonably
incurred by - } the injured person { + reasonably incurs + }
for essential services that { - were performed by - } a person
who is not related to the injured person or residing in the
injured person's household { + performs + } in lieu of the
services the injured person would have performed without income
during the period of the person's disability until the date the
person is reasonably able to perform such essential services.
This benefit is subject to a maximum payment of $30 per day and a
maximum payment period in the aggregate of 52 weeks.
(d) All reasonable and necessary funeral expenses
{ - incurred within one year - } { + the person incurs within
two years + } after the date of the person's injury, but not more
than $5,000.
(e) If the injured person is a parent of a minor child and
{ - is required to - } { + must + } be hospitalized for a
minimum of 24 hours, $25 per day for child care, with payments to
begin after the initial 24 hours of hospitalization and to be
made for as long as the person is unable to return to work if the
person is engaged in a remunerative occupation or for as long as
the person is unable to perform essential services that the
person would have performed without income if the person is not
usually engaged in a remunerative occupation, but not to exceed
$750.
(2) With respect to the insured person and members of
{ - that - } { + the insured + } person's family
{ - residing - } { + that reside + } in the same household, an
insurer may offer forms of coverage for the benefits required
{ - by - } { + under + } subsection (1)(a), (b) and (c) of
this section with deductibles of up to $250.
SECTION 2. ORS 742.544 is amended to read:
742.544. (1) A provider of personal injury protection benefits
shall be reimbursed for personal injury protection payments
{ - made - } { + the provider makes + } on behalf of any
person only to the extent that the total amount of benefits { +
the provider + } paid exceeds the { - economic - } damages
{ - as defined in ORS 31.710 suffered by that - } { + the + }
person { + suffered + }. As used in this section, 'total amount
of benefits' means the amount of money { - recovered by - } a
person { + recovers + } from:
(a) Applicable underinsured motorist benefits described in ORS
742.502 (2);
(b) Liability insurance coverage { - available to - }
{ + that + } the person { - receiving - } { + who
receives + } the personal injury protection benefits
{ + receives + } from other parties to the accident;
(c) Personal injury protection payments; and
(d) Any other payments by or on behalf of the party whose fault
caused the damages.
(2) { - Nothing in - } This section { - requires - } { +
does not require + } a person to repay more than the amount of
personal injury protection benefits { + the person + } actually
{ - received - } { + receives + }.
SECTION 3. { + The amendments to ORS 742.524 and 742.544 by
sections 1 and 2 of this 2013 Act apply to motor vehicle
liability policies that an insurer issues or renews on or after
the effective date of this 2013 Act. + }
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