Bill Text: OR HB2821 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to personal injury protection benefits.

Spectrum: Committee Bill

Status: (Enrolled - Dead) 2013-06-28 - Rosenbaum serve notice of possible reconsideration. [HB2821 Detail]

Download: Oregon-2013-HB2821-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 3430

                         House Bill 2821

Sponsored by COMMITTEE ON CONSUMER PROTECTION AND GOVERNMENT
  EFFICIENCY

                             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.

  Modifies amount of reimbursement due personal injury protection
provider when total benefits exceed damages.
  Extends personal injury protection benefit coverage for certain
expenses from one year after date of injury to two years after
date of injury.

                        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 742.544 is amended to read:
  742.544. (1) A provider of personal injury protection benefits
shall be reimbursed for personal injury protection payments made
on behalf of any person only to the extent that the total amount
of benefits paid exceeds the   { - economic - }  damages   { - as
defined in ORS 31.710 - }  suffered by that person. As used in
this section, 'total amount of benefits' means the amount of
money recovered by a person from:
  (a) Applicable underinsured motorist benefits described in ORS
742.502 (2);
  (b) Liability insurance coverage available to the person
receiving the personal injury protection benefits 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 a person to repay more
than the amount of personal injury protection benefits actually
received.
  SECTION 2. ORS 742.524 is amended to read:
  742.524. (1) Personal injury protection benefits as required by
ORS 742.520 shall consist of the following payments for the
injury or death of each person:
  (a) All reasonable and necessary expenses of medical, hospital,
dental, surgical, ambulance and prosthetic services incurred
within   { - one year - }  { +  two years + } after the date of
the person's injury, but not more than $15,000 in the aggregate
for all such expenses of the person. Expenses of medical,
hospital, dental, surgical, ambulance and prosthetic services
shall be presumed to be reasonable and necessary unless the
provider is given 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. 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 the 60-day period provided by this
paragraph has elapsed, counting of days shall be suspended if the
provider does not supply written answers to the insurer within 10
days and may not resume until the answers are supplied.
  (b) If the injured person is usually engaged in a remunerative
occupation and if 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 disability continues for at least
14 days, the expenses reasonably incurred by the injured person
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 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 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 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
person's family residing in the same household, an insurer may
offer forms of coverage for the benefits required by subsection
(1)(a), (b) and (c) of this section with deductibles of up to
$250.
  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 issued or renewed on or after the effective
date of this 2013 Act. + }
                         ----------