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Law Update

New Statute Restricts Availability of Med Pay Benefits

Session 2007, Chapter 314
Approved: July 13, 2007
Effective: July 13, 2007

The New Hampshire Legislature recently amended the statute relative to medical payment benefits, RSA 264:16.

The amended statute now:

1. Prohibits health insurance carriers from coordinating benefits against med pay benefits, so a health insurance carrier cannot claim that med pay is primary.

2. Prohibits anyone from assigning their right to med pay benefits to their health insurance carrier.

3. Prohibits the injured party from double dipping.  That is, the injured party may elect to submit $1,000 worth of bills to his auto carrier for payment under the med pay provision, or to his health insurance carrier.  He may NOT have his health insurance carrier pay it and collect $1,000 cash from his auto carrier under med pay for the same bill.


Mike Wallenius




Attorneys at Law

1838 Elm Street, Manchester, NH 03104
Ph 603.634.4300 - Fax 603.626.3647

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