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Committee reports bill on mitigation of medical claims in auto cases after contentious debate
Summary
House Bill 440, revised during the hearing, would create a rebuttable presumption a claimant who has health insurance and does not use it failed to mitigate medical damages; the committee reported the bill with amendments. Supporters said the measure addresses inflated medical billing practices; opponents said it could force injured people to pay
Representative Henry brought House Bill 440, which the committee amended to remove a prior requirement that claimants must use their private health insurance before pursuing auto-liability claims. The amended bill instead creates a rebuttable presumption that a claimant who had health insurance but did not use it failed to mitigate medical damages; the presumption may be rebutted for good cause.
The Department of Insurance described the change as…
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