New Jersey § 39:6a-4

§ 39:6a-4.

Personal injury protection coverage options. With respect to personal injury protection coverage provided on an automobile in

accordance with section 4 of P.L.1972, c. 70 ( C.39:6A-4 ), the automobile insurer shall provide the following coverage options: a. Medical expense benefit deductibles in amounts of $500.00, $1,000.00, $2,000.00

and $2,500.00 for any one accident; b. The option to exclude all benefits offered under subsections b., c., d., and e. of section 4; c. (Deleted by amendment, P.L.1988, c. 119 .) d. For policies issued or renewed on or after January 1, 1991, the option that other

health insurance coverage or benefits of the insured, including health care services

provided by a health maintenance organization and any coverage or benefits provided

under any federal or State program, are the primary coverage in regard to medical

expense benefits pursuant to section 4 of P.L.1972, c. 70 ( C.39:6A-4 ). If health insurance coverage or benefits are primary, an automobile insurer providing

medical expense benefits under personal injury protection coverage shall be liable

for reasonable medical expenses not covered by the health insurance coverage or benefits

up to the limit of the medical expense benefits coverage. The principles of coordination of benefits shall apply to personal injury protection

medical expense benefits coverage pursuant to this subsection; e. Medical expense benefits in amounts of $150,000, $75,000, $50,000 or $15,000 per

person per accident; except that, medical expense benefits shall be paid in an amount

not to exceed $250,000 for all medically necessary treatment of permanent or significant

brain injury, spinal cord injury or disfigurement or for medically necessary treatment

of other permanent or significant injuries rendered at a trauma center or acute care

hospital immediately following the accident and until the patient is stable, no longer

requires critical care and can be safely discharged or transferred to another facility

in the judgment of the attending physician. The coverage election form shall contain a statement, clearly readable and in 12-point

bold type, in a form approved by the commissioner, that election of any of the aforesaid

medical expense benefits options results in less coverage than the $250,000 medical

expense benefits coverage mandated prior to the effective date of P.L.1998, c. 21 . If none of the aforesaid medical expense benefits options is affirmatively chosen in writing, the policy shall provide $250,000

medical expense benefits coverage; f. The insurer shall provide an appropriate reduction from the territorial base rate

for personal injury protection coverage for those electing any of the options in subsections

a., b., d. and e. of this section. Any named insured who chooses the option provided by subsection d. of this section

shall provide proof that he and members of his family residing in his household are

covered by health insurance coverage or benefits in a manner and to an extent approved

by the commissioner. Nothing in this section shall be construed to require a health insurer, health maintenance

organization or governmental agency to cover individuals or treatment which is not

normally covered under the applicable benefit contract or plan. If it is determined that an insured who selected or is otherwise covered by the

option provided in subsection d. of this section did not have such health coverage

in effect at the time of an accident, medical expense benefits shall be payable by

the person's automobile insurer and shall be subject to any deductible required by

law or otherwise selected as an option pursuant to subsection a. of this section,

any copayment required by law and an additional deductible in the amount of $750. An option elected by the named insured in accordance with this section shall apply

only to the named insured and any resident relative in the named insured's household

who is not a named insured under another automobile insurance policy, and not to any

other person eligible for personal injury protection benefits required to be provided

in accordance with section 4 of P.L.1972, c. 70 ( C.39:6A-4 ). Medical expense benefits payable in any amount between the deductible selected pursuant

to subsection a. of this section and $5,000.00 shall be subject to the copayment provided

in the policy, if any. No insurer or health provider providing benefits to an insured who has elected a deductible

pursuant to subsection a. of this section shall have a right of subrogation for the

amount of benefits paid pursuant to a deductible elected thereunder or any applicable

copayment. The Commissioner of Banking and Insurance shall adopt rules and regulations to effectuate

the purposes of this section and may promulgate standards applicable to the coordination of personal injury protection

medical expense benefits coverage.