REPORT TITLE:
Motor Vehicle Insurance


DESCRIPTION:
Clarifies that insurers have the right to require independent
medical examinations of the insured when reasonably necessary.
(HB2316 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2316
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   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.
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 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 the commissioner, arbitration, or
 
11 circuit court for determination."
 
12      SECTION 2.  New statutory material is underscored.
 
13      SECTION 3.  This Act shall take effect upon its approval.