75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2325
 
LC 1997/HB 2325-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2325
 
               By COMMITTEE ON CONSUMER PROTECTION
 
                            March 25
 
  In line 2 of the printed bill, after 'ORS' insert '742.524
and'.
  After line 16, insert:
  '  { +  SECTION 2. + } ORS 742.524 is amended to read:
  ' 742.524. (1) Personal injury protection benefits as required
by ORS 742.520 shall consist of the following payments for the
injury or death of each person:
  ' (a) All reasonable and necessary expenses of medical,
hospital, dental, surgical, ambulance and prosthetic services
incurred within   { - one year - }  { +  two years + } after the
date of the person's injury, but not more than $15,000 in the
aggregate for all such expenses of the person. Expenses of
medical, hospital, dental, surgical, ambulance and prosthetic
services shall be presumed to be reasonable and necessary unless
the provider is given notice of denial of the charges not more
than 60 calendar days after the insurer receives from the
provider notice of the claim for the services. At any time during
the first 50 calendar days after the insurer receives notice of
claim, the provider shall, within 10 business days, answer in
writing questions from the insurer regarding the claim. For
purposes of determining when the 60-day period provided by this
paragraph has elapsed, counting of days shall be suspended if the
provider does not supply written answers to the insurer within 10
days and shall not resume until the answers are supplied.
  ' (b) If the injured person is usually engaged in a
remunerative occupation and if disability continues for at least
14 days, 70 percent of the loss of income from work during the
period of the injured person's disability until the date the
person is able to return to the person's usual occupation. This
benefit is subject to a maximum payment of $1,250 per month and a
maximum payment period in the aggregate of 52 weeks. As used in
this paragraph, 'income' includes but is not limited to salary,
wages, tips, commissions, professional fees and profits from an
individually owned business or farm.
  ' (c) If the injured person is not usually engaged in a
remunerative occupation and if disability continues for at least
14 days, the expenses reasonably incurred by the injured person
for essential services that were performed by a person who is not
related to the injured person or residing in the injured person's
household in lieu of the services the injured person would have
performed without income during the period of the person's
disability until the date the person is reasonably able to
perform such essential services. This benefit is subject to a
maximum payment of $30 per day and a maximum payment period in
the aggregate of 52 weeks.
  ' (d) All reasonable and necessary funeral expenses incurred
within one year after the date of the person's injury, but not
more than $5,000.
  ' (e) If the injured person is a parent of a minor child and is
required to be hospitalized for a minimum of 24 hours, $25 per
day for child care, with payments to begin after the initial 24
hours of hospitalization and to be made for as long as the person
is unable to return to work if the person is engaged in a
remunerative occupation or for as long as the person is unable to
perform essential services that the person would have performed
without income if the person is not usually engaged in a
remunerative occupation, but not to exceed $750.
  ' (2) With respect to the insured person and members of that
person's family residing in the same household, an insurer may
offer forms of coverage for the benefits required by subsection
(1)(a), (b) and (c) of this section with deductibles of up to
$250.'.
  In line 17, delete '2' and insert '3' and delete ' 742.544 by
section 1' and insert '742.524 and 742.544 by sections 1 and 2'.
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