Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1260 Compare Versions

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22 HOUSE DOCKET, NO. 2518 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1260
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Paul McMurtry
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing the fair calculation of labor rates paid by insurance companies to auto
1313 repairers in the Commonwealth.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/16/2025 1 of 2
1717 HOUSE DOCKET, NO. 2518 FILED ON: 1/16/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 1260
1919 By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 1260) of
2020 Paul McMurtry for legislation to authorize the Commissioner of the Division of Insurance to set
2121 labor rates paid by insurance companies to auto repairers. Financial Services.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE HOUSE, NO. 1095 OF 2023-2024.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Fourth General Court
2727 (2025-2026)
2828 _______________
2929 An Act establishing the fair calculation of labor rates paid by insurance companies to auto
3030 repairers in the Commonwealth.
3131 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3232 of the same, as follows:
3333 1 SECTION 1. Chapter 100A of the General Laws, as appearing in the 2020 Official
3434 2Edition, is hereby amended by inserting after section 14 the following section:-
3535 3 Section 15. The commissioner of insurance shall set the minimum hourly labor rate that
3636 4insurers shall pay on insured claims for repairs made by registered motor vehicle repair shops.
3737 5 In determining the minimum rate paid by insurers on all Massachusetts insured motor
3838 6vehicle damage claims, the compensation for the minimum hourly labor rate that insurers shall
3939 7pay on insured claims for repairs made by registered motor vehicle repair shops shall be
4040 8calculated by utilizing the method described in this section. 2 of 2
4141 9 The compensation for the minimum hourly labor rate that insurers shall pay on insured
4242 10claims for repairs made by registered motor vehicle repair shops shall be established by the
4343 11repair shop submitting to the insurer 100 sequential customer-paid collision repair orders or 60
4444 12consecutive days of customer-paid collision repair orders, whichever is less, from which the
4545 13repairer shall calculate the average customer paid hourly labor rate, which shall be declared the
4646 14minimum hourly labor rate that the insurer will pay to the repairer. The minimum hourly labor
4747 15rate shall go into effect 30 days following the declaration, subject to audit of the submitted
4848 16collision repair orders by the insurer and a rebuttal of the declared rate. If the declared rate is
4949 17rebutted, the insurer shall propose an adjustment of the minimum hourly labor rate based on the
5050 18rebuttal not later than 30 days after submission. If the repairer does not agree with the minimum
5151 19hourly labor rate proposed by the insurer, the repairer may file an action with the commissioner
5252 20of insurance 30 days after receipt of the proposal by the insurer. In an action commenced under
5353 21this section, the insurer shall have the burden of proving that the rate declared by the repairer was
5454 22inaccurate or unreasonable.
5555 23 SECTION 2. Section 113B of chapter 175 of the General Laws, as appearing in the 2020
5656 24Official Edition, is hereby amended by inserting, after the word “commissioner” in line 14, the
5757 25following:- “; provided, however, that collision repair hourly labor rates, set pursuant to section
5858 2615 of chapter 100A, shall not be included when considering programs to control costs and
5959 27expenses under this section or section 113H.”
6060 28 SECTION 3. Within 90 days of the enactment of Section 1, the commissioner of the
6161 29division of insurance shall promulgate regulations necessary to implement the provisions of
6262 30Sections 1 and 2, inclusive.