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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 2390 By: Kannady
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38	38	AS INTRODUCED
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40	40	An Act relating to civil procedure; providing the
41	41	method for determining the amount to be recovered
42	42	against a party that received payment; providing the
43	43	method for determining the amount to be recovered
44	44	against a third-party payer; providing the method for
45	45	determining the amount to be recovered when a payment
46	46	is made by a payor that is less than the judgment or
47	47	settlement amount; providing the method for
48	48	determining the amount to be recovered when a payor's
49	49	payment equals or exceeds the judgment or settlement
50	50	amount; providing the method for determining the
51	51	amount to be recovered when a payor incurs
52	52	procurement costs because of oppositio n to its
53	53	recovery; providing a recovery worksheet; providing
54	54	the method to determine the amount to be recovered
55	55	from a beneficiary; providing the method to determine
56	56	the amount to be refunded; and providing an effective
57	57	date.
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62	62	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
63	63	SECTION 1. NEW LAW A new section of law to be codified
64	64	in the Oklahoma Statutes as Section 994.3 of Title 12, unless there
65	65	is created a duplication in numbering, reads as follows:
66	66	A. Recovery against the party that received payment.
67	67	1. General rule. Any payor of money benefits with recovery or
68	68	reimbursement rights by contract or statute reduces its recovery to
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95	95	take account of the cost of procuring the judgment or settlement
96	96	from a third party, as provided in this section, if:
97	97	a. procurement costs are incurred because the claim i s
98	98	disputed, and
99	99	b. those costs are borne by the party against which the
100	100	payor seeks to recover.
101	101	2. Special rule. If a payor must file suit because the party
102	102	that received payment opposes the payor's recovery, the recovery
103	103	amount is as set forth in subsection E o f this section.
104	104	B. Recovery against the third -party payer. If the payor seeks
105	105	recovery from the third -party payer, the recovery amount will be no
106	106	greater than the amount determined under subsection C, D or E of
107	107	this section.
108	108	C. Payments made by a payor that are less than the judgment or
109	109	settlement amount. If a payor's payments are less than the judgment
110	110	or settlement amount, the recovery is computed as follows:
111	111	1. Determine the ratio of the procurement costs to the total
112	112	judgment or settlement payment;
113	113	2. Apply the ratio to the person or entity's payment. The
114	114	product is the payor's share of procurement costs; and
115	115	3. Subtract the payor's share of procurement cos ts from his or
116	116	her claimed payments. The remainder is the payor's recovery amount.
117	117	D. A payor's payments that equals or exceeds the judgment or
118	118	settlement amount. If payor's payments equal or exceed the judgment
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145	145	or settlement amount, the recovery amount is the total judgment or
146	146	settlement payment minus the total procurement costs.
147	147	E. The payor incurs procurement costs because of opposition to
148	148	its recovery. If the payor must bring suit against the party that
149	149	received payment becau se that party opposes t he recovery, the
150	150	recovery amount is the lower of the following:
151	151	1. The person or entity 's payment; or
152	152	2. The total judgment or settlement amount, minus the party 's
153	153	total procurement cost.
154	154	F. Recovery worksheet. The amount to be recov ered from the
155	155	beneficiary is the amount payor paid, less a proportionate share of
156	156	the costs of procuring the j udgment or settlement. The amount to be
157	157	refunded is determined as follows:
158	158	If the payor's payment is less than the amount of judgment or
159	159	settlement:
160	160	1. Determine the ratio of the payments to the total amount of
161	161	the judgment or settlement ;
162	162	2. Apply this ratio to the costs of procuring the judgment or
163	163	settlement, including attorney fees ; and
164	164	3. Subtract the payor's share of procurement costs from their
165	165	payments. The remainder is the amount of reimbursement to be
166	166	refunded to the payor seeking recovery of payments.
167	167	Step 1:
168	168	$_________________ / $_________________ = __________________
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195	195	Payor's Payment Judgment/Settlement Ratio
196	196	Carry out 6 digits
197	197	Step 2:
198	198	__________________ X $_________________ = __________________
199	199	Ratio from Step 1 Procurement Costs Payor's Share of
200	200	Carry out 6 digits Procurement Cost
201	201	Step 3:
202	202	$_________________ - $_________________ = __________________
203	203	Payor's Payment Payor's Share of Refund to Payor
204	204	Procurement Costs
205	205	G. If the payor's payments equal or exceed the amount of the
206	206	judgment or settlement, subtract the total procurement costs from
207	207	the judgment or settlement. The remainder is the amou nt of
208	208	reimbursement to be refunded to the payor. The beneficiary will not
209	209	be required to refund more than the liability insurance payment
210	210	minus the procurement costs.
211	211	$_________________ - $_________________ = $_________________
212	212	Judgment/Settlement Procurement Costs Refund
213	213	SECTION 2. This act shall become effective November 1, 2023.
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215	215	59-1-6111 JL 01/18/23

Oklahoma 2024 Regular Session

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