SB 435 — Enacts provisions relating to claims for mental or physical injury. (BDR 2-1148)

(ReprintedSenate withBill amendmentsNo. adopted on May 24, 2019) THIRD REPRINT S.B.

435435–Committee SENATEon BILLJudiciary NCHAPTER.......... O.

435–COMMITTEE ON JUDICIARY M ARCH 25, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Enacts provisions relating to claims for mental or physical injury.

(BDR 2-1148) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

LegiSectionLegislative 2Counsel’s ofDigest: this bill provides that a release of liability relating to the personal injury of a releasor may be voided by the releasor within 60 days after the signing of the release, if the releasor signed the release:

Section 2 of this bill provides that a release of liability relating to the personal of the release, if the releasor signed the release:

and (2) within 10 days of signing the notice, send the original notice or a releasee.pysigned copy of the notice to the releasee and return any consideration paid by the Sectionreleasee. 4 of this bill authorizes a party against whom a claim is asserted for a mental or physical injury under a policy of motor vehicle insurance to require the claimant or the claimant’s attorney to provide to the party or the party’s attorney and the insurer a written authorization to receive all medical reports, records and bills concerning the claim from the claimant’s providers of health care.

Sectionmental 4or revokedphysical withoutinjury cause.under a policy of motor vehicle insurance to require the a claimant or the claimant’s attorney to provide to the party or the party’s attorney and the insurer a written authorization to receive all medical reports, records and bills concerning the claim from the claimant’s providers of health care.

IfSection the reports, records and bills are provided pursuant to such a written authorization, section 4 authorizesprovides thethat claimantafter or the claimant’s attorney to request copies of all such reports,authorization recordsis andgranted, bills from the party,authorization themay party’snot attorneybe orrevoked thewithout insurer.cause.

SectionIf 4the alsoreports, providesrecords thatand withinbills 10are daysprovided afterpursuant receiptto ofsuch a written authorizationauthorization, forsection providers4 ofauthorizes health care to provide such - *SB435_R3* – 2 – reports, records and bills, the insurerclaimant who issued the policy must, upon request, provide all pertinent facts or provisions of the policyclaimant’s relatingparty’s toattorney the coverage at issue, including policy limits, to the claimant or the claimant’sinsurer. attorney.

Section 4 also provides that within 10 days afterthe receipt of a written authorization for providers of health care to provide such reports, records and bills, the insurer who issued the policy must, upon request, provide all pertinent facts or provisions of the policy relating to the coverage at issue, including policy limits, to the claimant or the claimant’s attorney.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

A release of liability given in connection with any claim for personal injury sustained by a releasor is voidable by a releasor - 80th Session (2019) – 2 – within 60 days after its signing by the releasor, if the releasor signed the release:

and (b) Within(1) 10Send daysthe afteroriginal signingnotice or a signed copy of the notice:notice to the releasee;

(1) Send the original notice or a signed copy of the notice to the releasee;

Any party against whom a claim is asserted for compensation or damages for any mental or physical injury under a policy of motor vehicle insurance may require the claimant or - *SB435_R3* – 3 – any attorney representing the claimant to provide to the party or any attorney of the party and to the insurer a written authorization to receive all medical reports, records and bills related to the claim from the providers of health care.

If the claimant or the attorney of the claimant makes a written request for the medical reports, records - 80th Session (2019) – 3 – and bills, the claimant or the attorney of the claimant shall pay for the reasonable costs of copying the medical reports, records and bills.

4.upon the commencement of an action in court arising from aapply claim asserted under a policy of motor vehicle insurance.

The provisions of subsections 1, 2 and 3 cease to apply upon the commencement of an action in court arising from a claim asserted under a policy of motor vehicle insurance.

H~~~~~ 19 - *SB435_R3*80th Session (2019)