(a) Notwithstanding any other provision of law, any health insurer, any health care service plan organized under Article 6, Chapter 20, Title 10A, or any health maintenance organization organized under Chapter 21A of this title, which contracts for health insurance or pays for health care services, may not deny, delay, or defer payment of an otherwise valid claim for payment of health care services, because the insured, who is the injured person, has been or is being treated for injuries received under circumstances giving rise to a possible injury liability claim or a claim for benefits under an individual or group automobile insurance policy that provides uninsured motorist or medical payment coverage. Any provision in a health insurance policy or any provision in a hospital contract with a health care payor, as defined in Section 35-11-371, issued, entered into, amended, or renewed in this state on or after August 1, 2021, which attempts to coordinate benefits in violation of this section is void and unenforceable.
(b) This section does not restrict a health insurer, health care service plan, or health maintenance organization from recouping payments by exercising available subrogation rights against a responsible third party or by exercising available reimbursement rights against an injured person who is attempting to recover from, or has previously recovered from, a responsible third party or the injured party's uninsured or underinsured motorist insurance coverage, or both. Where a health insurer, health care service plan, or health maintenance organization seeks recoupment from a responsible third party, the amount of the recoupment may not exceed the amount paid by the health insurer, health care service plan, or health maintenance organization for health care services.
(c) The Department of Insurance shall adopt rules to carry out this section.
Structure Code of Alabama
Chapter 12 - Trade Practices Law.
Section 27-12-1 - Purpose of Chapter; Short Title.
Section 27-12-2 - General Prohibition Against Unfair Competition, Etc.
Section 27-12-7 - False Statements and Entries.
Section 27-12-8 - Boycotts, Coercion, and Intimidation.
Section 27-12-9 - Malicious Statements on Financial Condition.
Section 27-12-10 - Financial Inducements to Purchase Insurance.
Section 27-12-11 - Life, Annuity, and Disability Insurance - Unfair Discrimination in Rates, Etc.
Section 27-12-14 - Inducements as to Property, Casualty, or Surety Insurance.
Section 27-12-15 - Purchase of Insurance as Condition Precedent to Sale or Loan on Property.
Section 27-12-16 - Common Ownership, Management, and Directorships.
Section 27-12-18 - Statement of Charges; Hearing, Order, and Review Thereon.
Section 27-12-19 - Service of Statements, Notices, Orders, and Other Processes.
Section 27-12-20 - Review of Commissioner's Cease and Desist Orders.
Section 27-12-21 - Proceedings on Unfair Competition, etc., Not Defined Under Chapter - Generally.
Section 27-12-23 - False Statements, etc., in Insurance Application.
Section 27-12-24 - Refusal of Insurer to Pay or Settle Claims.