Adopted by House 3-2-2010

HB4214 HFA Fleischauer 3-2 Revised

House Bill No 4214 - - Delegate Fleischauer moves to amend the bill on page 3, section 7, lines 23 and 24, following the words "are in the best interests of the claimant" by striking the remainder of the sentence, and inserting in lieu thereof the following "and making those findings as required pursuant to subsection (f) of this section, and as provided by any forms or rules promulgated thereunder."
AND,
On page 5, section 7, line 51, by striking the words "shall enter an order either" and inserting in lieu thereof, the words "or his or her designee shall enter an order within twenty days either"
AND,
On pages 6 and 7, section 7, lines 81 though 93, by striking subsection (f) in it entirety and inserting in lieu thereof, the following:
(f) The insurance commissioner shall promulgate rules in accordance with subsection (b), section ten, article two, chapter thirty-three of this code, to establish standards, necessary penalties and procedures for the review and approval of claimant settlement proposals, which at a minimum, shall require findings regarding the following:
(1) The fairness of the settlement;
(2) Verification that the claimant fully understands the impact of the settlement;
(3) The possible shifting of costs for future medical and other expenses of the claimant to the state or other persons; and
(4) The extent to which the proposal avoids undue expense, litigation or extreme hardship."