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."