MA H5062

Attorney's fees and costs for obtaining judgments or settlements must be divided proportionally between health insurers/HMOs and injured persons based on the amount each receives from the recovery

Health maintenance organizations and medical/disability insurers cannot claim more in subrogation than their proportionate share of the recovery relative to the injured person's total damages

Courts may reduce insurer liens after a hearing if the settlement or judgment is less than the injured person's total damages

Either the insurer or injured person may petition the court to determine fair allocation of settlement amounts, including attorney's fees, following procedures under Chapter 152, Section 15

Injured parties may withdraw consent to a settlement if dissatisfied with the court's apportionment, except in cases of final judgment