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2 | 2 | | HOUSE DOCKET, NO. 2518 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1260 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Paul McMurtry |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing the fair calculation of labor rates paid by insurance companies to auto |
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13 | 13 | | repairers in the Commonwealth. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/16/2025 1 of 2 |
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17 | 17 | | HOUSE DOCKET, NO. 2518 FILED ON: 1/16/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1260 |
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19 | 19 | | By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 1260) of |
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20 | 20 | | Paul McMurtry for legislation to authorize the Commissioner of the Division of Insurance to set |
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21 | 21 | | labor rates paid by insurance companies to auto repairers. Financial Services. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 1095 OF 2023-2024.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act establishing the fair calculation of labor rates paid by insurance companies to auto |
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30 | 30 | | repairers in the Commonwealth. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 SECTION 1. Chapter 100A of the General Laws, as appearing in the 2020 Official |
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34 | 34 | | 2Edition, is hereby amended by inserting after section 14 the following section:- |
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35 | 35 | | 3 Section 15. The commissioner of insurance shall set the minimum hourly labor rate that |
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36 | 36 | | 4insurers shall pay on insured claims for repairs made by registered motor vehicle repair shops. |
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37 | 37 | | 5 In determining the minimum rate paid by insurers on all Massachusetts insured motor |
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38 | 38 | | 6vehicle damage claims, the compensation for the minimum hourly labor rate that insurers shall |
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39 | 39 | | 7pay on insured claims for repairs made by registered motor vehicle repair shops shall be |
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40 | 40 | | 8calculated by utilizing the method described in this section. 2 of 2 |
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41 | 41 | | 9 The compensation for the minimum hourly labor rate that insurers shall pay on insured |
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42 | 42 | | 10claims for repairs made by registered motor vehicle repair shops shall be established by the |
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43 | 43 | | 11repair shop submitting to the insurer 100 sequential customer-paid collision repair orders or 60 |
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44 | 44 | | 12consecutive days of customer-paid collision repair orders, whichever is less, from which the |
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45 | 45 | | 13repairer shall calculate the average customer paid hourly labor rate, which shall be declared the |
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46 | 46 | | 14minimum hourly labor rate that the insurer will pay to the repairer. The minimum hourly labor |
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47 | 47 | | 15rate shall go into effect 30 days following the declaration, subject to audit of the submitted |
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48 | 48 | | 16collision repair orders by the insurer and a rebuttal of the declared rate. If the declared rate is |
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49 | 49 | | 17rebutted, the insurer shall propose an adjustment of the minimum hourly labor rate based on the |
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50 | 50 | | 18rebuttal not later than 30 days after submission. If the repairer does not agree with the minimum |
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51 | 51 | | 19hourly labor rate proposed by the insurer, the repairer may file an action with the commissioner |
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52 | 52 | | 20of insurance 30 days after receipt of the proposal by the insurer. In an action commenced under |
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53 | 53 | | 21this section, the insurer shall have the burden of proving that the rate declared by the repairer was |
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54 | 54 | | 22inaccurate or unreasonable. |
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55 | 55 | | 23 SECTION 2. Section 113B of chapter 175 of the General Laws, as appearing in the 2020 |
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56 | 56 | | 24Official Edition, is hereby amended by inserting, after the word “commissioner” in line 14, the |
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57 | 57 | | 25following:- “; provided, however, that collision repair hourly labor rates, set pursuant to section |
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58 | 58 | | 2615 of chapter 100A, shall not be included when considering programs to control costs and |
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59 | 59 | | 27expenses under this section or section 113H.” |
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60 | 60 | | 28 SECTION 3. Within 90 days of the enactment of Section 1, the commissioner of the |
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61 | 61 | | 29division of insurance shall promulgate regulations necessary to implement the provisions of |
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62 | 62 | | 30Sections 1 and 2, inclusive. |
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