CODING: Words stricken are deletions; words underlined are additions.House Bill 0727
Florida House of Representatives - 1997 HB 727
By Representative Andrews
1 A bill to be entitled
2 An act relating to personal injury protection
3 insurance; amending s. 627.736, F.S.; requiring
4 the Department of Insurance to establish a
5 physician examination panel for purposes of
6 selecting physicians to conduct mental or
7 physical examinations for certain purposes;
8 providing criteria; providing requirements;
9 providing procedures; providing for reports;
10 providing for removal of a physician from the
11 panel under certain circumstances; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (c) is added to subsection (7) of
17 section 627.736, Florida Statutes, 1996 Supplement, to read:
18 627.736 Required personal injury protection benefits;
19 exclusions; priority.--
20 (7) MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
21 REPORTS.--
22 (c)1. The department shall establish a personal injury
23 protection physician examination panel and appoint to the
24 panel physicians licensed for at least 5 years pursuant to
25 chapter 458, chapter 459, chapter 460, chapter 461, chapter
26 462, or chapter 466 and practicing in this state. Physicians
27 performing examinations or writing reports of the examination
28 pursuant to paragraph (a) must be selected from among
29 physicians appointed to the panel. Any physician with an
30 active unrestricted license may request and shall be appointed
31 to the panel. A physician participating on the panel shall not
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 727
571-128-97
1 be entitled to compensation or remuneration from the
2 department for such participation or for performing any
3 examinations or writing any reports on behalf of an insurer or
4 insured. A physician participating on the panel shall be
5 actively involved in the clinical management in the practice
6 of the profession of the chapter under which the physician is
7 licensed and, except for a physician who is physically
8 disabled, a majority of such practice and income from that
9 practice shall not derive from witness fees and examination of
10 persons or writing of reports about persons not under the
11 physician's care and treatment.
12 2. An insurer seeking an examination or report of the
13 examination pursuant to paragraph (a) shall request from the
14 department a list of five names from the panel from the
15 geographical region of the municipality of residence of the
16 insured. If there is no physician on the panel available from
17 such region, a physician on the panel from the geographical
18 region of a municipality of closest proximity to such region
19 may be selected. The department shall submit the list to both
20 the insurer and the insured. The insurer shall strike two
21 names from the list and the insured shall strike two names
22 from the list. The remaining physician shall be the physician
23 who will perform the examination or write the report of the
24 examination. The insurer and the insured may mutually agree
25 to use a physician who is not on the panel without following
26 the selection process set forth in this subparagraph.
27 3. A person examined pursuant to paragraph (a) shall
28 not be a patient or subsequently become a patient of the
29 physician performing the examination or writing the report.
30 An examination of, or report of the examination written about,
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 727
571-128-97
1 a person pursuant to paragraph (a) does not create a physician
2 patient relationship.
3 4. All examinations performed or reports of
4 examinations written pursuant to paragraph (a) shall be
5 performed in accordance with generally accepted professional
6 standards of practice or care required by the chapter under
7 which the physician is licensed. A physician performing an
8 examination or writing a report of an examination pursuant to
9 paragraph (a) shall have no financial or economic interest in
10 the type or duration of treatment or the results of the
11 examination or report of the examination. No insurer,
12 employer, employee, patient, or agent, or representative of an
13 insurer, employer, employee, patient, or agent, shall attempt
14 to dictate to any physician performing an examination or
15 writing a report of the examination pursuant to paragraph (a)
16 the type or duration of treatment or the results of the
17 examination or report of the examination.
18 5. Each report of an examination written pursuant to
19 paragraph (a) must identify the physician by name and license
20 number and be signed by the physician preparing the report of
21 the examination. A physician shall not make to the person
22 examined any disparaging remark about the treating physician
23 during the examination requested by the insurer pursuant to
24 paragraph (a).
25 6. The department shall remove a physician from the
26 panel upon a confirmation that the physician has issued at
27 least three reports, each of which:
28 a. Does not identify the physician by name and license
29 number;
30 b. Is not signed by the physician;
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 727
571-128-97
1 c. Concludes that the treatment was not reasonable,
2 related or necessary when there is evidence in the medical
3 records of the person covered by the personal injury
4 protection that the treatment was necessary, related, or
5 necessary;
6 d. Contains disparaging comments or remarks about the
7 treating physician; or
8 e. Contains subjective statements unrelated to the
9 injuries or treatment at issue.
10 Section 2. This act shall take effect October 1, 1997.
11
12 *****************************************
13 HOUSE SUMMARY
14
Provides for a personal injury protection physician
15 examination panel from which physicians must be selected
to conduct mental and physical examinations of injured
16 persons for determination of medical benefits for
purposes of personal injury protection coverage. See bill
17 for details.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4