1.1.................... moves to amend H.F. No. 1395 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 65B.44, subdivision 1, is amended to read:
1.4 Subdivision 1.
Inclusions. (a) Basic economic loss benefits shall provide
1.5reimbursement for all loss suffered through injury arising out of the maintenance or use
1.6of a motor vehicle, subject to any applicable deductibles, exclusions, disqualifications,
1.7and other conditions, and shall provide a minimum of $40,000 for loss arising out of the
1.8injury of any one person, consisting of:
1.9(1) $20,000 for medical expense loss arising out of injury to any one person; and
1.10(2) a total of $20,000 for income loss, replacement services loss, funeral expense
1.11loss, survivor's economic loss, and survivor's replacement services loss arising out of the
1.12injury to any one person.
1.13(b) Notwithstanding any other law to the contrary, a person entitled to basic
1.14economic loss benefits under this chapter is entitled to the full medical expense benefits set
1.15forth in subdivision 2, and may not receive medical expense benefits that are in any way
1.16less than those provided for in subdivision 2, or that involve any preestablished limitations
1.17on the benefits. Medical expenses must be reasonable and must be for necessary medical
1.18care as provided in subdivision 2. This paragraph shall not be deemed to alter the
1.19obligations of an insured or the rights of a reparation obligor as set forth in section
65B.56.
1.20This paragraph does not apply to medical expense loss that is subject to paragraph (d).
1.21(c) No reparation obligor or health plan company as defined in section
62Q.01,
1.22subdivision 4
, may enter into or renew any contract that provides, or has the effect of
1.23providing, managed care services to no-fault claimants. For the purposes of this section,
1.24"managed care services" is defined as any program of medical services that uses health care
1.25providers managed, owned, employed by, or under contract with a health plan company.
1.26(d) Medical expense loss for diagnosis and treatment of a soft tissue injury is covered
1.27only if provided in compliance with the codes, treatment standards, and fee schedules
2.1provided in Minnesota Rules, chapter 5221. The term soft tissue injury specifically
2.2includes, without limitation, any injury with treatment covered by the procedure codes set
2.3forth in Minnesota Rules, chapter 5221, other than such treatment delivered by a health
2.4care provider defined in Minnesota Rules, part 5221.0100, subpart 11a, or by a medical
2.5facility described in section 176.136, subdivision 1b, paragraphs (a) and (b).
2.6 Sec. 2. Minnesota Statutes 2010, section 65B.44, subdivision 3, is amended to read:
2.7 Subd. 3.
Disability and income loss benefits. Disability and income loss benefits
2.8shall provide compensation for 85 percent of the injured person's loss of present and future
2.9gross income from inability to work proximately caused by the nonfatal injury subject
2.10to a maximum of
$250 $500 per week. Loss of income includes the costs incurred by a
2.11self-employed person to hire substitute employees to perform tasks which are necessary to
2.12maintain the income of the injured person, which are normally performed by the injured
2.13person, and which cannot be performed because of the injury.
2.14If the injured person is unemployed at the time of injury and is receiving or is
2.15eligible to receive unemployment benefits under chapter 268, but the injured person loses
2.16eligibility for those benefits because of inability to work caused by the injury, disability
2.17and income loss benefits shall provide compensation for the lost benefits in an amount
2.18equal to the unemployment benefits which otherwise would have been payable, subject to
2.19a maximum of
$250 $500 per week.
2.20Compensation under this subdivision shall be reduced by any income from substitute
2.21work actually performed by the injured person or by income the injured person would
2.22have earned in available appropriate substitute work which the injured person was capable
2.23of performing but unreasonably failed to undertake.
2.24For the purposes of this section "inability to work" means disability which prevents
2.25the injured person from engaging in any substantial gainful occupation or employment
2.26on a regular basis, for wage or profit, for which the injured person is or may by training
2.27become reasonably qualified. If the injured person returns to employment and is unable by
2.28reason of the injury to work continuously, compensation for lost income shall be reduced
2.29by the income received while the injured person is actually able to work. The weekly
2.30maximums may not be prorated to arrive at a daily maximum, even if the injured person
2.31does not incur loss of income for a full week.
2.32For the purposes of this section, an injured person who is "unable by reason of the
2.33injury to work continuously" includes, but is not limited to, a person who misses time
2.34from work, including reasonable travel time, and loses income, vacation, or sick leave
3.1benefits, to obtain medical treatment for an injury arising out of the maintenance or use
3.2of a motor vehicle.
3.3 Sec. 3. Minnesota Statutes 2010, section 65B.44, subdivision 4, is amended to read:
3.4 Subd. 4.
Funeral and burial expenses. Funeral and burial benefits shall be
3.5reasonable expenses not in excess of
$2,000 $5,000, including expenses for cremation or
3.6delivery under the Darlene Luther Revised Uniform Anatomical Gift Act, chapter 525A."
3.7Amend the title accordingly