Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H987

Introduced
2/16/23  

Caption

To conform private with public subrogation policy

Impact

If enacted, HB 987 would significantly alter the landscape of how subrogation is handled in personal injury cases. Currently, insurers can assert a lien on injury recoveries, potentially limiting the compensation that victims receive following an accident. By modifying this right, the bill aims to align private insurance practices with public policy objectives that prioritize the financial wellbeing of injured parties. This may lead to more favorable outcomes for victims seeking recoveries that truly reflect their injury damages.

Summary

House Bill 987, introduced by Representative Marjorie C. Decker, aims to amend the existing laws governing subrogation policies in the Commonwealth of Massachusetts. The bill seeks to protect injury victims by restricting the ability of health maintenance organizations and insurers to claim reimbursement or subrogation rights on damages awarded for injuries that the insurers had previously provided benefits for. This legislation is intended to ensure that injured parties receive a fair portion of their recovery without insurers eroding their compensation through excessive claims on their settlements.

Conclusion

The discussion surrounding HB 987 reflects a broader debate on the balance between the rights of injury victims and the interests of insurance companies. As it stands, the bill could reshape the dynamics of compensation claims in Massachusetts, potentially empowering individuals at the expense of traditional insurance recovery practices. Stakeholders on both sides will be closely monitoring the bill's progress through legislative sessions.

Contention

Notable points of contention surrounding HB 987 include concerns from insurance companies who argue that the proposed changes could adversely affect their ability to recover costs associated with providing medical benefits. Opponents of the bill may point out potential increases in insurance premiums or the financial burden on companies as they adjust to the new limitations on subrogation claims. Supporters, however, emphasize the necessity of protecting victims' rights and ensuring that they are compensated fairly without undue influence from insurers.

Companion Bills

MA H4705

Replaced by Industry insurance, banking and other related matters

Previously Filed As

MA H1129

To conform private with public subrogation policy

MA H1750

Concerning equitable allocation of recovery proceeds for subrogation claims

MA H1966

Concerning equitable allocation of recovery proceeds for subrogation claims

MA H4362

Concerning equitable allocation of recovery proceeds for subrogation claims

MA SB1956

PEN CD-CHI POLICE-SUBROGATION

MA HB3123

PEN CD-CHI POLICE-SUBROGATION

MA HB317

Motor Vehicle Code Subrogation Rights

MA HB981

Workers' compensation subrogation lien; revise reimbursement of when injured employee recovers from a third party.

MA HB1869

Relating to contractual subrogation and other recovery rights of certain insurers and benefit plan issuers.

MA SB1339

Relating to contractual subrogation rights of certain insurers and benefit plan issuers.

Similar Bills

No similar bills found.