SECTION 4. 2. AND BE IT FURTHER ENACTED, That, subject to the
provisions of Section 3 of this Act, this Act shall take effect January 1, 2000.
Approved May 27, 1999.
CHAPTER 590
(Senate Bill 653)
AN ACT concerning
Personal Injury Claims - Subrogation - Reduction
FOR the purpose of requiring that the amount for which certain persons have a right
of subrogation for health care benefits or services paid or payable on behalf of an
injured person be reduced by a certain amount related to the amount of
attorney's fees incurred by the injured person in a personal injury claim under
certain circumstances; specifying that a payor has no obligation to advise the
injured person of the right to a certain reduction of a subrogation claim;
requiring an injured person to provide a certain certification concerning
attorney's fees incurred by the injured person under certain circumstances;
providing for the application of this Act; defining a certain term; and generally
relating to a requirement that the amount of a person's right of subrogation for
health care benefits or services paid or payable to an injured person be reduced
under certain circumstances.
BY adding to
Article - Courts and Judicial Proceedings
Section 11-112
Annotated Code of Maryland
(1998 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
11-112.
(A) IN THIS SECTION, "PAYOR" HAS THE SAME MEANING STATED IN § 19-1501
OF THE HEALTH - GENERAL ARTICLE.
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THIS
SECTION APPLIES TO ANY RIGHT OF SUBROGATION UNDER A CONTRACT OR
APPLICABLE LAW FOR PAYMENT OF HEALTH CARE BENEFITS OR SERVICES FOR AN
INJURED PERSON PAID OR PAYABLE BY A PAYOR UNDER A POLICY OF HEALTH
INSURANCE, AS DEFINED IN § 1-101 OF THE INSURANCE ARTICLE, OR UNDER ANY
SYSTEM OF SELF-INSURANCE OR INDEMNIFICATION FOR HEALTH CARE EXPENSES,
IF THE AMOUNT OF THE SUBROGEE'S CLAIM AS DETERMINED UNDER SUBSECTION
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