Senate Bill 0426

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



    Florida Senate - 2000                                   SB 426

    By Senator Geller





    29-421-00                                           See HB 241

  1                      A bill to be entitled

  2         An act relating to personal injury protection

  3         insurance claims; amending s. 627.736, F.S.;

  4         increasing the allowable time for a provider to

  5         file a claim with an insurer; providing an

  6         effective date.

  7

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

  9

10         Section 1.  Paragraph (b) of subsection (5) of section

11  627.736, Florida Statutes, is amended to read:

12         627.736  Required personal injury protection benefits;

13  exclusions; priority.--

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

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

16  than medical services billed by a hospital for services

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

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

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

20  charges for treatment or services rendered more than 60 30

21  days before the postmark date of the statement, except for

22  past due amounts previously billed on a timely basis under

23  this paragraph, and except that, if the provider submits to

24  the insurer a notice of initiation of treatment within 21 days

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

26  statement may include charges for treatment or services

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

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

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

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

31  with this paragraph. Any agreement requiring the injured

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






    Florida Senate - 2000                                   SB 426
    29-421-00                                           See HB 241




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

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

  3  rendered in a hospital emergency department or for transport

  4  and treatment rendered by an ambulance provider licensed

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

  6  required to furnish the statement of charges within the time

  7  periods established by this paragraph; and the insurer shall

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

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

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

11  copy thereof, which specifically identifies the place of

12  service to be a hospital emergency department or an ambulance

13  in accordance with billing standards recognized by the Health

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

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

16  no smaller than 12 points:

17         BILLING REQUIREMENTS.--Florida Statutes provide

18         that with respect to any treatment or services,

19         other than certain hospital and emergency

20         services, the statement of charges furnished to

21         the insurer by the provider may not include,

22         and the insurer and the injured party are not

23         required to pay, charges for treatment or

24         services rendered more than 60 30 days before

25         the postmark date of the statement, except for

26         past due amounts previously billed on a timely

27         basis, and except that, if the provider submits

28         to the insurer a notice of initiation of

29         treatment within 21 days after its first

30         examination or treatment of the claimant, the

31         statement may include charges for treatment or

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






    Florida Senate - 2000                                   SB 426
    29-421-00                                           See HB 241




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

  2         days before the postmark date of the statement.

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  4         Section 2.  This act shall take effect October 1, 2000.

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  7                          HOUSE SUMMARY

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      Increases from 30 to 60 days the allowable time a
  9    provider has to submit an insurance claim to an insurer.

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