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