House Bill 3889

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    Florida House of Representatives - 1998                HB 3889

        By the Committee on Financial Services and Representatives
    Safley, Bainter, Flanagan, Tamargo, Lawson, Dennis, Cosgrove
    and Lippman




  1                      A bill to be entitled

  2         An act relating to motor vehicle insurance;

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

  4         fees; amending s. 627.736, F.S.; providing

  5         alternate means of paying certain interest

  6         penalties on overdue personal injury protection

  7         benefits; prohibiting a provider's statement of

  8         charges from including certain charges;

  9         specifying which party is the prevailing party

10         in arbitration of disputes relating to personal

11         injury protection claims; specifying where an

12         independent medical examination of a claimant

13         may be conducted; providing an effective date.

14

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

16

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

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

  2  pursuant to s. 627.062.

  3         (b)  To the extent a licensed general agent's cost of

  4  obtaining motor vehicle reports on applicants for motor

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

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

  7  applicant for motor vehicle insurance a reasonable,

  8  nonrefundable fee as to 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 costs that are

13  not otherwise compensated.

14         Section 2.  Paragraph (c) of subsection (4), subsection

15  (5), and paragraph (a) of subsection (7) of section 627.736,

16  Florida Statutes, are amended to read:

17         627.736  Required personal injury protection benefits;

18  exclusions; priority.--

19         (4)  BENEFITS; WHEN DUE.--Benefits due from an insurer

20  under ss. 627.730-627.7405 shall be primary, except that

21  benefits received under any workers' compensation law shall be

22  credited against the benefits provided by subsection (1) and

23  shall be due and payable as loss accrues, upon receipt of

24  reasonable proof of such loss and the amount of expenses and

25  loss incurred which are covered by the policy issued under ss.

26  627.730-627.7405. When the Department of Health and

27  Rehabilitative Services provides, pays, or becomes liable for

28  medical assistance under the Medicaid program related to

29  injury, sickness, disease, or death arising out of the

30  ownership, maintenance, or use of a motor vehicle, benefits

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  1  under ss. 627.730-627.7405 shall be subject to the provisions

  2  of the Medicaid program.

  3         (c)  All overdue payments shall bear simple interest at

  4  the rate of 10 percent per year. When the amount of interest

  5  on an overdue payment is $5 or less, the insurer may, in its

  6  discretion, use any of the following methods to fulfill its

  7  obligations under this paragraph:

  8         1.  The insurer may pay the interest in the same manner

  9  as it pays interest in excess of $5.

10         2.  The insurer may provide the interest to the named

11  insured as a credit upon renewal of the policy and, with

12  respect to interest payments of less than $5 owing to insureds

13  whose policies or nonrenewed or canceled, pay the interest to

14  the named insured upon nonrenewal or cancellation of the

15  policy.

16         3.  The insurer may aggregate all interest payments of

17  $5 or less and remit the total amount to the Insurance

18  Commissioner's Regulatory Trust Fund on July 1 of each year.

19         4.  The insurer may provide the interest to the named

20  insured as a credit upon renewal of the policy and, with

21  respect to interest payments of less than $5 owing to the

22  insureds whose policies are nonrenewed or canceled, aggregate

23  all such interest payments and remit the total amount to the

24  Insurance Commissioner's Regulatory Trust Fund on July 1 of

25  each year.

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

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

28  or institution lawfully rendering treatment to an injured

29  person for a bodily injury covered by personal injury

30  protection insurance may charge only a reasonable amount for

31  the products, services, and accommodations rendered, and the

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  1  insurer providing such coverage may pay for such charges

  2  directly to such person or institution lawfully rendering such

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

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

  5  form approved by the Department of Insurance upon which such

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

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

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

  9  amount the person or institution customarily charges for like

10  products, services, or accommodations in cases involving no

11  insurance, provided that charges for cephalic thermograms and

12  peripheral thermograms shall not exceed the maximum

13  reimbursement allowance for such procedures as set forth in

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

15         (b)  With respect to any treatment or services, other

16  than hospital services provided within the first 30 days after

17  the accident, for which the injured party has assigned,

18  authorized, or directed payment of personal injury protection

19  benefits to a provider, the statement of charges furnished to

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

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

22  provided more than 30 days before the postmark date of the

23  statement, except for past due amounts.  The injured party is

24  not liable for, and the provider shall not bill the injured

25  party for, charges that are unpaid because of the provider's

26  failure to comply with this paragraph.  Each notice of

27  insured's rights under s. 627.7401 and each personal injury

28  protection assignment-of-benefits form or the equivalent form

29  must include the following statement in type no smaller than

30  12 points:

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  1         BILLING REQUIREMENTS WHEN BENEFITS ARE

  2         ASSIGNED, AUTHORIZED, OR DIRECTED TO A PROVIDER

  3         OF TREATMENT OR SERVICES.--Florida Statutes

  4         provide that with respect to any treatment or

  5         services, other than certain hospital services,

  6         for which the injured party has assigned,

  7         authorized, or directed payment of personal

  8         injury protection benefits to a provider, the

  9         statement of charges furnished to the insurer

10         by the provider may not include, and the

11         insurer is not required to pay, charges for

12         treatment or services provided more than 30

13         days before the postmark date of the statement,

14         except for past due amounts.

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

16  policy for personal injury protection benefits for binding

17  arbitration of any claims dispute involving medical benefits

18  arising between the insurer and any person providing medical

19  services or supplies if that person has agreed to accept

20  assignment of personal injury protection benefits. The

21  provision shall specify that the provisions of chapter 682

22  relating to arbitration shall apply.  The prevailing party

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

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

25  party shall be determined as follows:

26         1.  When the amount of personal injury protection

27  benefits determined by arbitration exceeds the sum of the

28  amount offered by the insurer at arbitration plus 50 percent

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

30  the claimant at arbitration and the amount offered by the

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  1  insurer at arbitration, there is a rebuttable presumption that

  2  the claimant is the prevailing party.

  3         2.  When the amount of personal injury protection

  4  benefits determined by arbitration is less than 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, there is a rebuttable presumption that

  9  the insurer is the prevailing party.

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

11  applies, there is no presumption as to which party is the

12  prevailing party.

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

14  REPORTS.--

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

16  injured person covered by personal injury protection is

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

18  future personal injury protection insurance benefits, such

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

20  or physical examination by a physician or physicians.  The

21  costs of any examinations requested by an insurer shall be

22  borne entirely by the insurer. Such examination shall be

23  conducted within the municipality of residence of the insured

24  or in the municipality where the insured is receiving

25  treatment, or in a location reasonably accessible to the

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

27  location within the municipality in which the insured resides,

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

29  residence, provided such location is within the county in

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

31  conducted in a location reasonably accessible to the insured,

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    Florida House of Representatives - 1998                HB 3889

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  1  within the municipality of residence of the insured and if

  2  there is no qualified physician to conduct the examination in

  3  a location reasonably accessible to the insured within such

  4  municipality, then such examination shall be conducted in an

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

  6  Personal protection insurers are authorized to include

  7  reasonable provisions in personal injury protection insurance

  8  policies for mental and physical examination of those claiming

  9  personal injury protection insurance benefits. An insurer may

10  not withdraw payment of a treating physician without the

11  consent of the injured person covered by the personal injury

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

13  physician licensed under the same chapter as the treating

14  physician whose treatment authorization is sought to be

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

16  or necessary.

17         Section 3.  This act shall take effect October 1 of the

18  year in which enacted.

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20            *****************************************

21                          HOUSE SUMMARY

22
      Provides for offset of Florida Insurance Guaranty
23    Association payments against uninsured and underinsured
      motorist insurance recoveries. Provides that only
24    interest in excess of $5 is payable on overdue personal
      injury protection payments. Requires notice of treatment
25    as a condition precedent to payment of charges for
      products, services, and accommodations rendered to an
26    injured person for a bodily injury covered by personal
      injury protection. Specifies which party is the
27    prevailing party in arbitration of disputes relating to
      personal injury protection claims. Specifies independent
28    medical examinations to be conducted in locations
      reasonably accessible to an insured. See bill for
29    details.

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