CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. HB 3889, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Diaz-Balart moved the following amendment:

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13         Senate Amendment (with title amendment) 

14          Delete everything after the enacting clause

15

16  and insert:

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

18  Statutes, is amended to read:

19         627.7295  Motor vehicle insurance contracts.--

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

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

22  costs of the agent associated with selling the motor vehicle

23  insurance policy if the policy covers only personal injury

24  protection coverage as provided by s. 627.736 and property

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

26  other insurance is sold or issued in conjunction with or

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

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 3889, 1st Eng.

    Amendment No.    





 1  pursuant to s. 627.062.

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

 3  of obtaining motor vehicle reports on applicants for motor

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

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

 6  applicant for motor vehicle insurance a reasonable,

 7  nonrefundable fee to reimburse the agent the actual cost of

 8  obtaining the report for each licensed driver when the motor

 9  vehicle report is obtained by the agent simultaneously with

10  the preparation of the application for use in the calculation

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

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

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

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

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

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

17  case may actual cost include subscription or access fees

18  associated with obtaining motor vehicle reports on-line though

19  any electronic transmissions program.

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

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

22  Florida Statutes, are amended to read:

23         627.736  Required personal injury protection benefits;

24  exclusions; priority.--

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

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

27  or institution lawfully rendering treatment to an injured

28  person for a bodily injury covered by personal injury

29  protection insurance may charge only a reasonable amount for

30  the products, services, and accommodations rendered, and the

31  insurer providing such coverage may pay for such charges

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                                                  SENATE AMENDMENT

    Bill No. HB 3889, 1st Eng.

    Amendment No.    





 1  directly to such person or institution lawfully rendering such

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

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

 4  form approved by the Department of Insurance upon which such

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

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

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

 8  amount the person or institution customarily charges for like

 9  products, services, or accommodations in cases involving no

10  insurance, provided that charges for cephalic thermograms and

11  peripheral thermograms shall not exceed the maximum

12  reimbursement allowance for such procedures as set forth in

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

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

15  than medical services billed by a hospital for services

16  rendered at a hospital-owned facility,  the statement of

17  charges must be furnished to the insurer by the provider and

18  may not include, and the insurer is not required to pay,

19  charges for treatment or services rendered more than 30 days

20  before the postmark date of the statement, except for past due

21  amounts previously billed on a timely basis under this

22  paragraph, and except that, if the provider submits to the

23  insurer a notice of initiation of treatment within 21 days

24  after its first examination or treatment of the claimant, the

25  statement may include charges for treatment or services

26  rendered up to, but not more than, 60 days before the postmark

27  date of the statement. The injured party is not liable for,

28  and the provider shall not bill the injured party for, charges

29  that are unpaid because of the provider's failure to comply

30  with this paragraph. Any agreement requiring the injured

31  person or insured to pay for such charges is unenforceable.

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                                                  SENATE AMENDMENT

    Bill No. HB 3889, 1st Eng.

    Amendment No.    





 1  For emergency services and care as defined in s. 395.002

 2  rendered in a hospital emergency department or for transport

 3  and treatment rendered by an ambulance provider licensed

 4  pursuant to part III of chapter 401, the provider is not

 5  required to furnish the statement of charges within the time

 6  periods established by this paragraph; and the insurer shall

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

 8  amount of covered loss for purposes of paragraph (4)(b) until

 9  it receives a statement complying with paragraph (5)(d), or

10  copy thereof, which specifically identifies the place of

11  service to be a hospital emergency department or an ambulance

12  in accordance with billing standards recognized by the Health

13  Care Finance Administration. Each notice of insured's rights

14  under s. 627.7401 must include the following statement in type

15  no smaller than 12 points:

16         BILLING REQUIREMENTS.--Florida Statutes provide

17         that with respect to any treatment or services,

18         other than certain hospital and emergency

19         services, the statement of charges furnished to

20         the insurer by the provider may not include,

21         and the insurer and the injured party are not

22         required to pay, charges for treatment or

23         services rendered more than 30 days before the

24         postmark date of the statement, except for past

25         due amounts previously billed on a timely

26         basis, and except that, if the provider submits

27         to the insurer a notice of initiation of

28         treatment within 21 days after its first

29         examination or treatment of the claimant, the

30         statement may include charges for treatment or

31         services rendered up to, but not more than, 60

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                                                  SENATE AMENDMENT

    Bill No. HB 3889, 1st Eng.

    Amendment No.    





 1         days before the postmark date of the statement.

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

 3  policy for personal injury protection benefits for binding

 4  arbitration of any claims dispute involving medical benefits

 5  arising between the insurer and any person providing medical

 6  services or supplies if that person has agreed to accept

 7  assignment of personal injury protection benefits. The

 8  provision shall specify that the provisions of chapter 682

 9  relating to arbitration shall apply.  The prevailing party

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

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

12  party shall be determined as follows:

13         1.  When the amount of personal injury protection

14  benefits determined by arbitration exceeds the sum of the

15  amount offered by the insurer at arbitration plus 50 percent

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

17  the claimant at arbitration and the amount offered by the

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

19         2.  When the amount of personal injury protection

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

21  amount offered by the insurer at arbitration plus 50 percent

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

23  the claimant at arbitration and the amount offered by the

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

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

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

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

28  the amount of the last written offer or claim made at least 30

29  days prior to the arbitration.

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

31  arbitration must include a statement specifically identifying

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                                                  SENATE AMENDMENT

    Bill No. HB 3889, 1st Eng.

    Amendment No.    





 1  the issues for arbitration for each examination or treatment

 2  in dispute. The other party must subsequently issue a

 3  statement specifying any other examinations or treatment and

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

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

 6  arbitration, provided that arbitration shall be limited to

 7  those identified issues and neither party may add additional

 8  issues during arbitration.

 9         (d)  All statements and bills for medical services

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

11  or institution shall be submitted to the insurer on an Health

12  Care Finance Administration 1500 form, UB 92 forms, or any

13  other standard form approved by the department for purposes of

14  this paragraph. All billings for such services shall, to the

15  extent applicable, follow the Physicians' Current Procedural

16  Terminology (CPT) in the year in which services are rendered.

17  No statement of medical services may include charges for

18  medical services of a person or entity that performed such

19  services without possessing the valid licenses required to

20  perform such services. For purposes of paragraph (4)(b), an

21  insurer shall not be considered to have been furnished with

22  notice of the amount of covered loss or medical bills due

23  unless the statements or bills comply with this paragraph.

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

25  DISPUTES.--

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

27  medical institution providing, before or after bodily injury

28  upon which a claim for personal injury protection insurance

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

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

31  condition claimed to be connected with that or any other

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                                                  SENATE AMENDMENT

    Bill No. HB 3889, 1st Eng.

    Amendment No.    





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

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

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

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

 5  statement that the treatment or services rendered were

 6  reasonable and necessary with respect to the bodily injury

 7  sustained and identifying which portion of the expenses for

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

 9  bodily injury, and produce forthwith, and permit the

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

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

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

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

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

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

16  physician-patient privilege or invasion of the right of

17  privacy shall be permitted against any physician, hospital,

18  clinic, or other medical institution complying with the

19  provisions of this section. The person requesting such records

20  and such sworn statement shall pay all reasonable costs

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

22  documentation under this paragraph within 20 days after having

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

24  627.736(4)(a), the insurer shall pay the amount or partial

25  amount of covered loss to which such documentation relates in

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

27  insurer's receipt of the requested documentation, whichever

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

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

30  copying pursuant to this paragraph.

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

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                                                  SENATE AMENDMENT

    Bill No. HB 3889, 1st Eng.

    Amendment No.    





 1  REPORTS.--

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

 3  injured person covered by personal injury protection is

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

 5  future personal injury protection insurance benefits, such

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

 7  or physical examination by a physician or physicians.  The

 8  costs of any examinations requested by an insurer shall be

 9  borne entirely by the insurer. Such examination shall be

10  conducted within the municipality of residence of the insured

11  or in the municipality where the insured is receiving

12  treatment, or in a location reasonably accessible to the

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

14  location within the municipality in which the insured resides,

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

16  residence, provided such location is within the county in

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

18  conducted in a location reasonably accessible to the insured,

19  within the municipality of residence of the insured and if

20  there is no qualified physician to conduct the examination in

21  a location reasonably accessible to the insured within such

22  municipality, then such examination shall be conducted in an

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

24  Personal protection insurers are authorized to include

25  reasonable provisions in personal injury protection insurance

26  policies for mental and physical examination of those claiming

27  personal injury protection insurance benefits. An insurer may

28  not withdraw payment of a treating physician without the

29  consent of the injured person covered by the personal injury

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

31  physician licensed under the same chapter as the treating

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                                                  SENATE AMENDMENT

    Bill No. HB 3889, 1st Eng.

    Amendment No.    





 1  physician whose treatment authorization is sought to be

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

 3  or necessary.

 4         Section 3.  (1)  Paragraph (5)(c) of s. 627.736,

 5  Florida Statutes, as amended by section 2 of this act, shall

 6  apply to arbitrations commenced on or after the effective date

 7  of this act.

 8         (2)  Paragraph (7)(a) of s. 627.736, Florida Statutes,

 9  as amended by section 2 of this act, shall apply to new and

10  renewal policies with an effective date on or after the

11  effective date of this act.

12         (3)  All other provisions of section 2 of this act

13  shall apply to accidents occurring on or after the effective

14  date of this act.

15         Section 4.  This act shall take effect October 1, 1998.

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18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         On page 1, lines 2-13, delete those lines

21

22  and insert:

23         amending s. 627.7295, F.S.; authorizing certain

24         fees to be collected by general lines agents;

25         amending s. 627.736, F.S.; prohibiting a

26         provider's statement of charges from including

27         certain charges for services covered by

28         personal injury protection benefits; specifying

29         which party is the prevailing party in

30         arbitration of disputes relating to personal

31         injury protection claims; specifying

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                                                  SENATE AMENDMENT

    Bill No. HB 3889, 1st Eng.

    Amendment No.    





 1         requirements for arbitration; prescribing forms

 2         for submission of medical services; specifying

 3         payment time limitations; specifying where an

 4         independent medical examination of a claimant

 5         may be conducted; specifying applicability of

 6         amendments made by this act; providing an

 7         effective date.

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