H 4362 Massachusetts House · 193rd Legislature (2023-2024)

An Act concerning equitable allocation of recovery proceeds for subrogation claims

This bill modifies how health insurers and medical providers recover costs when an injured person receives money from a third party for their injuries. It requires that legal fees and costs be shared between the provider and the injured person based on the proportion of the total recovery each receives. Additionally, the law limits the amount insurers can claim back to their specific share of the total damages, rather than allowing them to take more than their proportionate part of the settlement. If the total recovery is less than the injured person's total damages, courts may reduce the insurer's claim after reviewing the case. The legislation also gives courts the authority to decide a fair split of settlement funds if the injured person and the insurer cannot agree on the amounts.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2024
Committee Review
Feb 2024
Senate Passage
Apr 2024
Governor
Introduced Feb 12, 2024 Last action Sep 12, 2024
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
6
Key actions
2
Committee
2
Apr 11, 2024
Upper · Passed
Senate concurred
upper
Feb 12, 2024
Committee
Reported favorably by committee and referred to the committee on Health Care Financing
lower
Feb 12, 2024
Lower · Passed
Reported from the committee on The Judiciary
lower
0 primary · 3 co-sponsors

Sponsors

No sponsor information available.