Senate Bill 2052c1

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    Florida Senate - 1998                           CS for SB 2052

    By the Committee on Banking and Insurance and Senator
    Diaz-Balart




    311-1887E-98

  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         627.7295, F.S.; authorizing certain fees to be

  4         collected by general lines agents; amending s.

  5         627.736, F.S.; prohibiting a provider's

  6         statement of charges from including certain

  7         charges for services covered by personal injury

  8         protection benefits; specifying which party is

  9         the prevailing party in arbitration of disputes

10         relating to personal injury protection claims;

11         specifying requirements for arbitration;

12         prescribing forms for submission of medical

13         services; specifying payment time limitations;

14         specifying where an independent medical

15         examination of a claimant may be conducted;

16         providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Subsection (5) of section 627.7295, Florida

21  Statutes, is amended to read:

22         627.7295  Motor vehicle insurance contracts.--

23         (5)(a)  A licensed general lines agent may charge a

24  per-policy fee not to exceed $10 to cover the administrative

25  costs of the agent associated with selling the motor vehicle

26  insurance policy if the policy covers only personal injury

27  protection coverage as provided by s. 627.736 and property

28  damage liability coverage as provided by s. 627.7275 and if no

29  other insurance is sold or issued in conjunction with or

30  collateral to the policy. The per-policy fee must be a

31  component of the insurer's rate filing and may not be charged

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    Florida Senate - 1998                           CS for SB 2052
    311-1887E-98




  1  by an agent unless the fee is included in the filing.  The fee

  2  is not considered part of the premium except for purposes of

  3  the department's review of expense factors in a filing made

  4  pursuant to s. 627.062.

  5         (b)  To the extent that a licensed general agent's cost

  6  of obtaining motor vehicle reports on applicants for motor

  7  vehicle insurance is not otherwise compensated, the agent may,

  8  in addition to any other fees authorized by law, charge an

  9  applicant for motor vehicle insurance a reasonable,

10  nonrefundable fee to reimburse the agent the actual cost of

11  obtaining the report for each licensed driver when the motor

12  vehicle report is obtained by the agent simultaneously with

13  the preparation of the application for use in the calculation

14  of premium or in the proper placement of the risk. The amount

15  of the fee may not exceed the agent's actual cost in obtaining

16  the report which is not otherwise compensated. Actual cost is

17  the cost of obtaining the report on an individual driver basis

18  when so obtained or the pro rata cost per driver when the

19  report is obtained on more than one driver; however, in no

20  case may actual cost include subscription or access fees

21  associated with obtaining motor vehicle reports on-line though

22  any electronic transmissions program.

23         Section 2.  Subsection (5), paragraph (b) of subsection

24  (6), and paragraph (a) of subsection (7) of section 627.736,

25  Florida Statutes, are amended to read:

26         627.736  Required personal injury protection benefits;

27  exclusions; priority.--

28         (5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--

29         (a)  Any physician, hospital, clinic, or other person

30  or institution lawfully rendering treatment to an injured

31  person for a bodily injury covered by personal injury

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    Florida Senate - 1998                           CS for SB 2052
    311-1887E-98




  1  protection insurance may charge only a reasonable amount for

  2  the products, services, and accommodations rendered, and the

  3  insurer providing such coverage may pay for such charges

  4  directly to such person or institution lawfully rendering such

  5  treatment, if the insured receiving such treatment or his or

  6  her guardian has countersigned the invoice, bill, or claim

  7  form approved by the Department of Insurance upon which such

  8  charges are to be paid for as having actually been rendered,

  9  to the best knowledge of the insured or his or her guardian.

10  In no event, however, may such a charge be in excess of the

11  amount the person or institution customarily charges for like

12  products, services, or accommodations in cases involving no

13  insurance, provided that charges for cephalic thermograms and

14  peripheral thermograms shall not exceed the maximum

15  reimbursement allowance for such procedures as set forth in

16  the applicable fee schedule established pursuant to s. 440.13.

17         (b)  With respect to any treatment or service, other

18  than hospital services provided within the first 30 days after

19  the accident, the statement of charges must be furnished to

20  the insurer by the provider and may not include, and the

21  insurer is not required to pay, charges for treatment or

22  services rendered more than 30 days before the postmark date

23  of the statement, except for past due amounts previously

24  billed on a timely basis under this paragraph, and except

25  that, if the provider submits to the insurer a notice of

26  initiation of treatment within 21 days after its first

27  examination or treatment of the claimant, the statement may

28  include charges for treatment or services rendered up to, but

29  not more than, 60 days before the postmark date of the

30  statement. The injured party is not liable for, and the

31  provider shall not bill the injured party for, charges that

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    Florida Senate - 1998                           CS for SB 2052
    311-1887E-98




  1  are unpaid because of the provider's failure to comply with

  2  this paragraph. Any agreement requiring the injured person or

  3  insured to pay for such charges is unenforceable. Each notice

  4  of insured's rights under s. 627.7401 must include the

  5  following statement in type no smaller than 12 points:

  6         BILLING REQUIREMENTS.--Florida Statutes provide

  7         that with respect to any treatment or services,

  8         other than certain hospital services, the

  9         statement of charges furnished to the insurer

10         by the provider may not include, and the

11         insurer and the injured party are not required

12         to pay, charges for treatment or services

13         rendered more than 30 days before the postmark

14         date of the statement, except for past due

15         amounts previously billed on a timely basis,

16         and except that, if the provider submits to the

17         insurer a notice of initiation of treatment

18         within 21 days after its first examination or

19         treatment of the claimant, the statement may

20         include charges for treatment or services

21         rendered up to, but not more than, 60 days

22         before the postmark date of the statement.

23         (c)  Every insurer shall include a provision in its

24  policy for personal injury protection benefits for binding

25  arbitration of any claims dispute involving medical benefits

26  arising between the insurer and any person providing medical

27  services or supplies if that person has agreed to accept

28  assignment of personal injury protection benefits. The

29  provision shall specify that the provisions of chapter 682

30  relating to arbitration shall apply.  The prevailing party

31  shall be entitled to attorney's fees and costs. For purposes

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    Florida Senate - 1998                           CS for SB 2052
    311-1887E-98




  1  of the award of attorney's fees and costs, the prevailing

  2  party shall be determined as follows:

  3         1.  When the amount of personal injury protection

  4  benefits determined by arbitration exceeds the sum of the

  5  amount offered by the insurer at arbitration plus 50 percent

  6  of the difference between the amount of the claim asserted by

  7  the claimant at arbitration and the amount offered by the

  8  insurer at arbitration, the claimant is the prevailing party.

  9         2.  When the amount of personal injury protection

10  benefits determined by arbitration is less than the sum of the

11  amount offered by the insurer at arbitration plus 50 percent

12  of the difference between the amount of the claim asserted by

13  the claimant at arbitration and the amount offered by the

14  insurer at arbitration, the insurer is the prevailing party.

15         3.  When neither subparagraph 1. nor subparagraph 2.

16  applies, there is no prevailing party. For purposes of this

17  paragraph, the amount of the offer or claim at arbitration is

18  the amount of the last written offer or claim made more than

19  30 days prior to the arbitration.

20         4.  In the demand for arbitration, the party requesting

21  arbitration must include a statement specifically identifying

22  the issues for arbitration for each examination or treatment

23  in dispute. The other party must subsequently issue a

24  statement specifying any other examinations or treatment and

25  any other issues that it intends to raise in the arbitration.

26  The parties may amend their statements up to 30 days prior to

27  arbitration, provided that arbitration shall be limited to

28  those identified issues and neither party may add additional

29  issues during arbitration.

30         (d)  All statements and bills for medical services

31  rendered by any physician, hospital, clinic, or other person

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    Florida Senate - 1998                           CS for SB 2052
    311-1887E-98




  1  or institution shall be submitted to the insurer on an HCFA

  2  1500 form, UB 92 forms, or any other standard form approved by

  3  the department for purposes of this paragraph. All billings

  4  for such services shall, to the extent applicable, follow the

  5  appropriate physicians' current procedural terminology (CPT)

  6  in the year in which services are rendered. No statement of

  7  medical services may include charges for medical services of a

  8  person or entity that performed such services without

  9  possessing the valid licenses required to perform such

10  services. For purposes of paragraph (4)(b), an insurer shall

11  not be considered to have been furnished with notice of the

12  amount of covered loss or medical bills due unless the

13  statements or bills comply with this paragraph.

14         (6)  DISCOVERY OF FACTS ABOUT AN INJURED PERSON;

15  DISPUTES.--

16         (b)  Every physician, hospital, clinic, or other

17  medical institution providing, before or after bodily injury

18  upon which a claim for personal injury protection insurance

19  benefits is based, any products, services, or accommodations

20  in relation to that or any other injury, or in relation to a

21  condition claimed to be connected with that or any other

22  injury, shall, if requested to do so by the insurer against

23  whom the claim has been made, furnish forthwith a written

24  report of the history, condition, treatment, dates, and costs

25  of such treatment of the injured person, together with a sworn

26  statement that the treatment or services rendered were

27  reasonable and necessary with respect to the bodily injury

28  sustained and identifying which portion of the expenses for

29  such treatment or services was incurred as a result of such

30  bodily injury, and produce forthwith, and permit the

31  inspection and copying of, his or her or its records regarding

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    Florida Senate - 1998                           CS for SB 2052
    311-1887E-98




  1  such history, condition, treatment, dates, and costs of

  2  treatment. Such sworn statement shall read as follows: "Under

  3  penalty of perjury, I declare that I have read the foregoing,

  4  and the facts alleged are true, to the best of my knowledge

  5  and belief." No cause of action for violation of the

  6  physician-patient privilege or invasion of the right of

  7  privacy shall be permitted against any physician, hospital,

  8  clinic, or other medical institution complying with the

  9  provisions of this section. The person requesting such records

10  and such sworn statement shall pay all reasonable costs

11  connected therewith. If an insurer makes a written request for

12  documentation under this paragraph within 20 days after having

13  received notice of the amount of a covered loss under s.

14  627.736(4)(a), the insurer shall pay the amount or partial

15  amount of covered loss to which such documentation relates in

16  accordance with s. 627.736(4)(b) or within 10 days after the

17  insurer's receipt of the requested documentation, whichever

18  occurs later. For purposes of this paragraph, the term

19  "receipt" includes, but is not limited to, inspection and

20  copying pursuant to this paragraph.

21         (7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;

22  REPORTS.--

23         (a)  Whenever the mental or physical condition of an

24  injured person covered by personal injury protection is

25  material to any claim that has been or may be made for past or

26  future personal injury protection insurance benefits, such

27  person shall, upon the request of an insurer, submit to mental

28  or physical examination by a physician or physicians.  The

29  costs of any examinations requested by an insurer shall be

30  borne entirely by the insurer. Such examination shall be

31  conducted within the municipality of residence of the insured

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    Florida Senate - 1998                           CS for SB 2052
    311-1887E-98




  1  or in the municipality where the insured is receiving

  2  treatment, or in a location reasonably accessible to the

  3  insured, which, for purposes of this paragraph, means any

  4  location within the municipality in which the insured resides,

  5  or any location within 10 miles by road of the insured's

  6  residence, provided such location is within the county in

  7  which the insured resides. If the examination is to be

  8  conducted in a location reasonably accessible to the insured,

  9  within the municipality of residence of the insured and if

10  there is no qualified physician to conduct the examination in

11  a location reasonably accessible to the insured within such

12  municipality, then such examination shall be conducted in an

13  area of the closest proximity to the insured's residence.

14  Personal protection insurers are authorized to include

15  reasonable provisions in personal injury protection insurance

16  policies for mental and physical examination of those claiming

17  personal injury protection insurance benefits. An insurer may

18  not withdraw payment of a treating physician without the

19  consent of the injured person covered by the personal injury

20  protection, unless the insurer first obtains a report by a

21  physician licensed under the same chapter as the treating

22  physician whose treatment authorization is sought to be

23  withdrawn, stating that treatment was not reasonable, related,

24  or necessary.

25         Section 3.  This act shall take effect October 1, 1998.

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    Florida Senate - 1998                           CS for SB 2052
    311-1887E-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2052

  3

  4  Deletes the provision relating to basic homeowners' insurance
    policies.
  5
    Allows general lines insurance agents to charge an applicant
  6  for motor vehicle insurance a reasonable, nonrefundable fee to
    obtain a motor vehicle report (MVR) to reimburse the agent the
  7  actual cost of obtaining the MVR.

  8  Requires medical providers to submit treatment bills directly
    to insurer within 30 days of service for personal injury
  9  protection (PIP) insurance benefits. Alternatively, if the
    provider furnishes the insurer with 21 days notice of
10  initiation of treatment, the provider may submit medical bills
    within 60 days of service date. Neither the insurer nor the
11  injured person is required to pay medical bills untimely
    submitted.
12
    Specifies a method to determine who is the "prevailing party"
13  entitled to attorneys fees and costs when a dispute between an
    insurer and a medical provider is arbitrated pursuant to the
14  PIP law. Specifies time limits as to submission of issues,
    offers and claims for purposes of arbitration.
15
    Provides the time period within which payment is due for a
16  claim for PIP benefits under circumstances when an insurer
    makes a discovery request to a provider.
17
    Provides that an insurer's independent medical examination
18  (IME) be conducted within the municipality where the injured
    person is being treated, within the municipality where the
19  injured person resides, or within 10 miles of the injured
    person's home, provided the location is within the insured's
20  county of residence.

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