REPORT TITLE:
Motor Veh Ins


DESCRIPTION:
Clarifies that insurers have the right to require independent
medical examinations of the insured in motor vehicle insurance.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2316
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO MOTOR VEHICLE INSURANCE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 431:10C-103.5, Hawaii Revised Statutes,
 
 2 is amended to read as follows:
 
 3      "�431:10C-103.5  Personal injury protection benefits;
 
 4 defined; limits.(a)  Personal injury protection benefits, with
 
 5 respect to any accidental harm, means all appropriate and
 
 6 reasonable treatment and expenses necessarily incurred as a
 
 7 result of the accidental harm and which are substantially
 
 8 comparable to the requirements for prepaid health care plans,
 
 9 including medical, hospital, surgical, professional, nursing,
 
10 advanced practice nursing recognized pursuant to chapter 457,
 
11 dental, optometric, chiropractic, ambulance, prosthetic services,
 
12 products and accommodations furnished, x-ray, psychiatric,
 
13 physical therapy pursuant to prescription by a medical doctor,
 
14 occupational therapy, rehabilitation, and therapeutic massage by
 
15 a licensed massage therapist when prescribed by a medical doctor.
 
16      (b)  Personal injury protection benefits, when applied to a
 
17 motor vehicle insurance policy issued at no cost under section
 
18 431:10C-410(3)(A), shall not include benefits under subsection
 
19 (a) for any person receiving public assistance benefits.
 

 
Page 2                                                     2316
                                     H.B. NO.           
                                                        
                                                        

 
 1      (c)  Personal injury protection benefits shall be subject to
 
 2 an aggregate limit of $10,000 per person for services provided
 
 3 under this section.  An insurer may offer additional coverage in
 
 4 excess of the $10,000 aggregate limit for services provided under
 
 5 this section, or as provided by rule of the commissioner.
 
 6      (d)  An insurer providing personal injury protection
 
 7 benefits may require the claimant to submit to an independent
 
 8 medical examination when reasonably necessary.  Any dispute
 
 9 regarding the necessity or selection of an independent medical
 
10 examiner may be submitted to arbitration under section 431:10C-
 
11 213."
 
12      SECTION 2.  New statutory material is underscored.
 
13      SECTION 3.  This Act shall take effect upon its approval.
 
14 
 
15                       INTRODUCED BY:  ___________________________