HB 1240-6_ Filed 02/24/2010, 10:19 Taylor

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1240 be amended to read as follows:

SOURCE: Page 30, line 10; (10)MO124003.30. -->     Page 30, between lines 10 and 11, begin a new paragraph and insert:
SOURCE: IC 27-7-14; (10)MO124003.15. -->     "SECTION 15. IC 27-7-14 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
    Chapter 14. Entitlement to Certain Insurance Payments for Injuries
    Sec. 1. As used in this chapter, "health care provider" has the meaning set forth in IC 34-18-2-14(1).
    Sec. 2. As used in this chapter, "insurance policy" means an insurance policy that provides coverage for bodily injury.
    Sec. 3. An insurance policy must specify that, in the event of a bodily injury to which the policy applies:
        (1) except as provided in subdivision (2), a health care provider that provides services to the injured person because of the person's injury is entitled to payment of the health care provider's reasonable charges for the services provided to the injured person before any other person, including the injured person, is paid from the proceeds of the insurance policy in connection with the injury; but
        (2) an attorney who represents:
            (A) a health care provider;
            (B) an injured person; or
            (C) a representative of an injured person;
        described in subdivision (1) in connection with the injury is entitled to payment of the attorney's reasonable fees for the representation from the proceeds of the insurance policy before a health care provider receives payment under subdivision (1).
".
SOURCE: Page 32, line 12; (10)MO124003.32. -->     Page 32, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 34-6-2-54; (10)MO124003.18. -->     "SECTION 18. IC 34-6-2-54 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 54. (a) "Health care provider", for purposes of IC 34-18, has the meaning set forth in IC 34-18-2-14.
    (b) "Health care provider", for purposes of IC 34-30-12.5, has the meaning set forth in IC 34-30-12.5-2.
     (c) "Health care provider", for purposes of IC 34-44-3 and IC 34-51-1-4, has the meaning set forth in IC 34-18-2-14(1).

SOURCE: IC 34-44-3; (10)MO124003.19. -->     SECTION 19. IC 34-44-3 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
    Chapter 3. Entitlement to Certain Payments Related to Injuries

     Sec. 1. Except as provided in section 2 of this chapter, a health care provider that provides services to an injured person because of the person's injury is entitled to payment of the health care provider's reasonable charges for the services provided to the injured person before any other person, including the injured person, is paid from proceeds payable by a third party to the injured person or a representative of the injured person under an insurance policy, settlement, or judgment in connection with the injury.
    Sec. 2. An attorney who represents:
        (1) a health care provider;
        (2) an injured person; or
        (3) a representative of an injured person;
described in section 1 of this chapter in connection with an injury is entitled to payment of the attorney's reasonable fees for the representation from the proceeds referred to in section 1 of this chapter before a health care provider receives payment under section 1 of this chapter.

SOURCE: IC 34-51-1-4; (10)MO124003.20. -->     SECTION 20. IC 34-51-1-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. Entitlement to certain payments related to injuries is governed by IC 34-44-3.".
SOURCE: Page 32, line 18; (10)MO124003.32. -->     Page 32, after line 18, begin a new paragraph and insert:
SOURCE: ; (10)MO124003.22. -->     "SECTION 22. [EFFECTIVE JULY 1, 2010] (a) IC 27-7-14, as added by this act, applies to an insurance policy that is issued, delivered, amended, or renewed after June 30, 2010.

    (b) IC 34-44-3, as added by this act, applies to payments related to injuries that occur after June 30, 2010.
    (c) This SECTION expires July 1, 2015.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1240 as printed February 23, 2010.)

________________________________________

Senator TAYLOR


MO124003/DI 97
2010