House Bill 3889e1

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                                      HB 3889, First Engrossed/ntc



  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.

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

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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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                                      HB 3889, First Engrossed/ntc



  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 to reimburse the agent the actual cost of

  9  obtaining the report for each licensed driver when the motor

10  vehicle report is obtained by the agent simultaneously with

11  the preparation of the application for use in the calculation

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

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

14  the report that is not otherwise compensated.  Actual cost is

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

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

17  report is obtained on more than one driver; provided, however,

18  in no case shall actual cost include subscription or access

19  fees associated with obtaining motor vehicle reports on-line

20  through any electronic transmissions program.

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

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

23  Florida Statutes, are amended to read:

24         627.736  Required personal injury protection benefits;

25  exclusions; priority.--

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

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

28  benefits received under any workers' compensation law shall be

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

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

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


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                                      HB 3889, First Engrossed/ntc



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

  2  627.730-627.7405. When the Department of Health and

  3  Rehabilitative Services provides, pays, or becomes liable for

  4  medical assistance under the Medicaid program related to

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

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

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

  8  of the Medicaid program.

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

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

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

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

13  obligations under this paragraph:

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

15  as it pays interest in excess of $5.

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

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

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

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

20  the named insured upon nonrenewal or cancellation of the

21  policy.

22         3.  The insurer may aggregate all interest payments of

23  $5 or less and remit the total amount to the Insurance

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

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

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

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

28  insureds whose policies are nonrenewed or canceled, aggregate

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

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

31  each year.


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                                      HB 3889, First Engrossed/ntc



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

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

  3  or institution lawfully rendering treatment to an injured

  4  person for a bodily injury covered by personal injury

  5  protection insurance may charge only a reasonable amount for

  6  the products, services, and accommodations rendered, and the

  7  insurer providing such coverage may pay for such charges

  8  directly to such person or institution lawfully rendering such

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

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

11  form approved by the Department of Insurance upon which such

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

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

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

15  amount the person or institution customarily charges for like

16  products, services, or accommodations in cases involving no

17  insurance, provided that charges for cephalic thermograms and

18  peripheral thermograms shall not exceed the maximum

19  reimbursement allowance for such procedures as set forth in

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

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

22  than hospital services provided within the first 30 days after

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

24  authorized, or directed payment of personal injury protection

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

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

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

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

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

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

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


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                                      HB 3889, First Engrossed/ntc



  1  failure to comply with this paragraph.  Each notice of

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

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

  4  must include the following statement in type no smaller than

  5  12 points:

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  7         BILLING REQUIREMENTS WHEN BENEFITS ARE

  8         ASSIGNED, AUTHORIZED, OR DIRECTED TO A PROVIDER

  9         OF TREATMENT OR SERVICES.--Florida Statutes

10         provide that with respect to any treatment or

11         services, other than certain hospital services,

12         for which the injured party has assigned,

13         authorized, or directed payment of personal

14         injury protection benefits to a provider, the

15         statement of charges furnished to the insurer

16         by the provider may not include, and the

17         insurer is not required to pay, charges for

18         treatment or services provided more than 30

19         days before the postmark date of the statement,

20         except for past due amounts.

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

22  policy for personal injury protection benefits for binding

23  arbitration of any claims dispute involving medical benefits

24  arising between the insurer and any person providing medical

25  services or supplies if that person has agreed to accept

26  assignment of personal injury protection benefits. The

27  provision shall specify that the provisions of chapter 682

28  relating to arbitration shall apply.  The prevailing party

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

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

31  party shall be determined as follows:


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                                      HB 3889, First Engrossed/ntc



  1         1.  When the amount of personal injury protection

  2  benefits determined by arbitration exceeds the sum of the

  3  amount offered by the insurer at arbitration plus 50 percent

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

  5  the claimant at arbitration and the amount offered by the

  6  insurer at arbitration, there is a rebuttable presumption that

  7  the claimant is the prevailing party.

  8         2.  When the amount of personal injury protection

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

10  amount offered by the insurer at arbitration plus 50 percent

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

12  the claimant at arbitration and the amount offered by the

13  insurer at arbitration, there is a rebuttable presumption that

14  the insurer is the prevailing party.

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

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

17  prevailing party.

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

19  REPORTS.--

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

21  injured person covered by personal injury protection is

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

23  future personal injury protection insurance benefits, such

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

25  or physical examination by a physician or physicians.  The

26  costs of any examinations requested by an insurer shall be

27  borne entirely by the insurer. Such examination shall be

28  conducted within the municipality of residence of the insured

29  or in the municipality where the insured is receiving

30  treatment, or in a location reasonably accessible to the

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


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                                      HB 3889, First Engrossed/ntc



  1  location within the municipality in which the insured resides,

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

  3  residence, provided such location is within the county in

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

  5  conducted in a location reasonably accessible to the insured,

  6  within the municipality of residence of the insured and if

  7  there is no qualified physician to conduct the examination in

  8  a location reasonably accessible to the insured within such

  9  municipality, then such examination shall be conducted in an

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

11  Personal protection insurers are authorized to include

12  reasonable provisions in personal injury protection insurance

13  policies for mental and physical examination of those claiming

14  personal injury protection insurance benefits. An insurer may

15  not withdraw payment of a treating physician without the

16  consent of the injured person covered by the personal injury

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

18  physician licensed under the same chapter as the treating

19  physician whose treatment authorization is sought to be

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

21  or necessary.

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

23  year in which enacted.

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