Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1093 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 303 FILED ON: 1/8/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1093
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John Barrett, III
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act prohibiting certain insurance liens.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:John Barrett, III1st Berkshire1/8/2025 1 of 2
16	16	HOUSE DOCKET, NO. 303 FILED ON: 1/8/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1093
18	18	By Representative Barrett of North Adams, a petition (accompanied by bill, House, No. 1093) of
19	19	John Barrett, III relative to prohibiting certain insurance liens. Financial Services.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act prohibiting certain insurance liens.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 Chapter 176D of the General Laws is hereby amended by inserting after section 3B, as
29	29	2appearing in the 2022 Official Edition:-
30	30	3 Section 3C. (a) As used in this section, the term “insurer” means any: (1) insurance
31	31	4company which provides for payment or reimbursement of health care expenses, health care
32	32	5services, under a policy of insurance or an insurance contract with an individual or group,
33	33	6including the group insurance commission; (2) operator of any medical service plan and hospital
34	34	7service plan pursuant to chapter 176A, 176B or176C; and (3) carriers and health maintenance
35	35	8organizations as defined in chapter 176G.
36	36	9 (b) When an individual settles a claim, whether in litigation or otherwise, against another
37	37	10for personal injuries, medical, dental or podiatric malpractice, or wrongful death, it shall be
38	38	11conclusively presumed that the settlement does not include any compensation for the cost of
39	39	12health care services, loss of earnings or other economic loss to the extent those losses or 2 of 2
40	40	13expenses have been or are obligated to be paid or reimbursed by an insurer. By entering into any
41	41	14such settlement, an individual shall not be deemed to have taken an action in derogation of any
42	42	15right of any insurer that paid or is obligated to pay those losses or expenses; nor shall an
43	43	16individual’s entry into such settlement constitute a violation of any contract between the
44	44	17individual and such insurer.
45	45	18 No individual entering into such a settlement shall be subject to a subrogation claim or
46	46	19claim for reimbursement by an insurer and an insurer shall have no lien or right of subrogation or
47	47	20reimbursement against any such settling individual or any other party to such a settlement, with
48	48	21respect to those losses or expenses that have been or are obligated to be paid or reimbursed by
49	49	22said insurer.
50	50	23 (c) A violation of this section shall be an unfair or deceptive acts or practices in the
51	51	24business of insurance.