CHAPTER 314
SB 189 – FINAL VERSION
04/05/07 1095s
06Jun2007… 1767h
2007 SESSION
01/03
SENATE BILL 189
AN ACT relative to medical benefits under motor vehicle insurance.
SPONSORS: Sen. Hassan, Dist 23; Sen. Sgambati, Dist 4; Rep. Rosenwald, Hills 22
COMMITTEE: Commerce, Labor and Consumer Protection
This bill prohibits insurers from using the medical benefit provided under motor vehicle insurance policies for health insurance costs.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/05/07 1095s
06Jun2007… 1767h
07-1154
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to medical benefits under motor vehicle insurance.
Be it Enacted by the Senate and House of Representatives in General Court convened:
314:1 Medical Payments. Amend RSA 264:16 to read as follows:
264:16 Medical Payments.
I. Any motor vehicle liability policy, as defined in RSA 259:61, covering a private passenger automobile and issued with respect to any motor vehicle registered or principally garaged in this state, shall provide medical payments coverage therein or supplemental thereto in an amount equal to or greater than $1,000 per person for medical costs incurred as a result of injuries sustained in an accident involving the insured vehicle by the driver and passengers in said vehicle. Such coverage shall apply only to medical costs incurred during one year following the date the injuries are sustained.
II. A health carrier, as defined in RSA 420-G:2, VIII, shall not coordinate benefits against medical payments coverage.
III. Medical payments coverage shall not be assignable to any health care provider.
IV. The insured shall have the exclusive right to submit a claim for medical expenses under either medical payments coverage or a health insurance policy or both, as the insured elects; provided, however, an insured shall not be entitled to duplicate payment from medical payments coverage and a health insurance policy for the same medical expense.
[II.] V. This section shall not apply to any commercial policy insuring more than 4 automobiles, nor to any commercial policy covering a garage, automobile sales agency, repair shop, service station, public parking place operation hazards, or trucking operation.
314:2 Effective Date. This act shall take effect upon its passage.
Approved: July 13, 2007
Effective: July 13, 2007