2017 House Bill 5013

Allow less than unlimited auto injury insurance and more

Introduced in the House

Sept. 26, 2017

Introduced by Rep. Lana Theis (R-42)

To allow auto insurance companies to offer policies with personal injury protection (PIP) coverage below the currently mandated unlimited coverage. A customer could keep the unlimited PIP or choose policies with $250,000 or $500,000 limits. Insurers would have to adjust their premiums to reflect savings realized from these limited policies, and if the savings were less than 40 percent would have to provide justifications for the higher prices.<br> Medical service providers and hospitals could not charge more than 125 percent of the rates allowed under the federal Medicare program for emergency medical care, and non-emergency care and services would be capped at 100 percent of Medicare rates. Services not covered by Medicare would be capped at a provider’s average rate for non-PIP cases. Limits would also be applied to long term care costs including weekly “attendant care” hours, nursing care, necessary ground transportation and more. Permanent impairment and disability lawsuits would be subject to revised procedures, definitions and burden of proof standards.<br> The bill would also expand the duties of a state automobile theft prevention authority to include insurance fraud, overhaul its structure, and authorize higher assessments (taxes) on insurers to pay for this.

Referred to the Committee on Insurance

Oct. 26, 2017

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

Nov. 2, 2017

Substitute offered by Rep. Tim Greimel (D-29)

To replace the previous version of the bill with one that does not authorize the sale of auto insurance policies with less than unlimited personal injury protection coverage, and which expresses Democratic preferences in other provisions.

The substitute failed by voice vote

Substitute offered by Rep. Jim Lilly (R-89)

To replace the previous version of the bill with one that has a higher cap on the amount doctors and hospitals can charge to treat crash victims, exempts ambulance service from some of the price caps, authorizes lawsuits with $20,000 fines for claims that an insurer did not deal "fairly and in good faith" on a claim, permits health care providers to sue insurers for certain unpaid claims, sunsets the bills provisions in five years and more.

The substitute passed by voice vote

Amendment offered by Rep. Sherry Gay-Dagnogo (D-8)

To prohibit auto insurers from basing the price of a policy on geographic and other factors including sex, age (with exceptions), marital status, race, national origin, occupation, education level, home ownership, credit score, the absence of prior insurance, ability to pay, income or level of wealth.

The amendment failed by voice vote

Amendment offered by Rep. Scott Dianda (D-110)

The amendment failed by voice vote

Failed in the House 45 to 63 (details)

To allow auto insurance companies to offer policies with personal injury protection (PIP) coverage below the currently mandated unlimited coverage. A customer could keep the unlimited PIP or choose policies with $250,000 or $500,000 limits. Insurers would have to adjust their premiums to reflect savings realized from these limited policies, and if the savings were less than 40 percent would have to provide justifications for the higher prices.<br> Medical service providers and hospitals could not charge more than 160 percent of the rates allowed under the federal Medicare program for medical care for crash victims. Limits would also be applied to long term care costs including weekly “attendant care” hours. Permanent impairment and disability lawsuits would be subject to revised procedures, definitions and burden of proof standards. The bill would also permit lawsuits with $20,000 fines for claims that an insurer did not deal "fairly and in good faith" on a claim, let health care providers to sue insurers for certain unpaid claims, and more.<br> The bill would also expand the duties of a state automobile theft prevention authority to include insurance fraud, overhaul its structure, and authorize higher assessments (taxes) on insurers to pay for this. Finally, its provisions would sunset on July 1, 2023.