Senate Bill 0426c1

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



    Florida Senate - 2000                            CS for SB 426

    By the Committee on Banking and Insurance; and Senator Geller





    311-1707-00

  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. However, if the insured fails to furnish the

24  provider with the correct name and address of the insured's

25  personal injury protection insurer, the provider has 35 days

26  from the date the provider obtains the correct information to

27  furnish the insurer with a statement of charges. The insurer

28  is not required to pay such charges unless the provider

29  includes with the statement documentary evidence that was

30  provided by the insured during the 60-day period demonstrating

31  that the provider reasonably relied on erroneous information

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






    Florida Senate - 2000                            CS for SB 426
    311-1707-00




  1  from the insured; includes either a denial letter from the

  2  incorrect insurer or proof of mailing reflecting timely

  3  mailing to the incorrect address or insurer; and provides a

  4  copy of the statement of charges to the Department of

  5  Insurance., and except that, if the provider submits to the

  6  insurer a notice of initiation of treatment within 21 days

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

  8  statement may include charges for treatment or services

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

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

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

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

13  with this paragraph. Any agreement requiring the injured

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

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

16  rendered in a hospital emergency department or for transport

17  and treatment rendered by an ambulance provider licensed

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

19  required to furnish the statement of charges within the time

20  periods established by this paragraph; and the insurer shall

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

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

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

24  copy thereof, which specifically identifies the place of

25  service to be a hospital emergency department or an ambulance

26  in accordance with billing standards recognized by the Health

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

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

29  no smaller than 12 points:

30         BILLING REQUIREMENTS.--Florida Statutes provide

31         that with respect to any treatment or services,

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






    Florida Senate - 2000                            CS for SB 426
    311-1707-00




  1         other than certain hospital and emergency

  2         services, the statement of charges furnished to

  3         the insurer by the provider may not include,

  4         and the insurer and the injured party are not

  5         required to pay, charges for treatment or

  6         services rendered more than 60 30 days before

  7         the postmark date of the statement, except for

  8         past due amounts previously billed on a timely

  9         basis, and except that, if the provider submits

10         to the insurer a notice of initiation of

11         treatment within 21 days after its first

12         examination or treatment of the claimant, the

13         statement may include charges for treatment or

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

15         days before the postmark date of the statement.

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

17

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 426

20

21  1.    Provides that if the PIP insured fails to furnish the
          provider with the correct name and address of the
22        insured's PIP insurer, the provider has 35 days from the
          date the provider obtains the correct information to
23        furnish the insurer with a statement of charges.
          Provides that the insurance company is not required to
24        pay such charges unless the provider submits specified
          documentary evidence.
25
    2.    Deletes the provision under current law allowing
26        providers to submit bills within 60 days of the service
          date if they provide notice to the insurer within 21
27        days of first treatment.

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