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HOUSE DOCKET, NO. 2081 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1129
The Commonwealth of Massachusetts
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PRESENTED BY:
Marjorie C. Decker
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to conform private with public subrogation policy.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/15/2025 1 of 2
HOUSE DOCKET, NO. 2081 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1129
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1129) of
Marjorie C. Decker for legislation to prevent medical bills from eroding an injury victim’s
compensation received through a settlement or court award. Financial Services.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to conform private with public subrogation policy.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended at the end of section 70D by inserting the following sentences:-
3 Notwithstanding the provisions of section 70A through 70D of this chapter, and
4notwithstanding any contractual term to the contrary, no health maintenance organization or
5group or individual medical insurer or disability insurer which has provided benefits for covered
6services to a person insured in an accident shall have a lien or right of reimbursement or
7subrogation claim or claims of recoupment no matter how designated upon any recovery or sum
8had or collected or to be collected, whether by judgment or by settlement or compromise from
9another person as damages on account of such injuries, for more than the proportionate share of
10said recovery or sum subject to its lien, right or reimbursement, subrogation claim or claims of
11recoupment which the amount of benefits so provided for covered services bears to the complete
12value of the injured persons tort damages. Either the entity which provided benefits or the injured 2 of 2
13person may petition the court in which the accident case is pending, or in a court in which such
14case could be properly filed had settlement not been attained before commencement of suit, for a
15determination of the reasonableness of the settlement and the fair allocation of amounts payable
16thereunder. A hearing on such petition shall adhere to the same procedural requirement as are
17provided in section 15 of chapter 152 of the General Laws.