Senate Bill sb1464

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    Florida Senate - 2001                                  SB 1464

    By Senator Sanderson





    31-938-01

  1                      A bill to be entitled

  2         An act relating to motor vehicle insurance;

  3         creating the "Personal Injury Protection

  4         Insurance Reform Act"; providing legislative

  5         findings with respect to the Florida Motor

  6         Vehicle No-Fault Law; amending s. 626.989,

  7         F.S.; extending civil immunity to law

  8         enforcement officials for providing information

  9         about suspected acts of insurance fraud;

10         providing immunity for other actions taken in

11         cooperation with certain agencies or officials;

12         amending s. 627.731, F.S.; specifying the

13         purpose of the Motor Vehicle No-Fault Law with

14         respect to limitations on the right to claim

15         damages; amending s. 627.732, F.S.; providing

16         definitions; amending s. 627.736, F.S.;

17         specifying medical expenses that are payable

18         under personal injury protection benefits;

19         providing for payment of interest on overdue

20         benefits; revising requirements for determining

21         when payment is overdue; revising the interest

22         rate for overdue payments; providing for

23         calculating the rate; limiting the amount

24         charged by providers for specified treatments

25         and procedures for injuries covered by personal

26         injury protection; revising the period within

27         which a provider must furnish charges to an

28         insurer; providing for tolling the period for

29         overdue payment if the insurer requests an

30         examination of the injured person; revising

31         circumstances under which an insurer is

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  1         prohibited from withdrawing payment of a

  2         treating physician; revising conditions under

  3         which attorney's fees are awarded; limiting the

  4         award of attorney's fees; providing that the

  5         act does not limit a person's ability to file

  6         an offer of judgment; requiring that PIP

  7         clinics register with the Agency for Health

  8         Care Administration; requiring such clinics to

  9         file specified information, pay a fee, and

10         maintain a bond; providing that there is no

11         obligation to pay certain unlawful charges of a

12         clinic; providing for a civil cause of action

13         against persons who aid and abet in certain

14         unlawful actions; providing for damages;

15         amending s. 627.737, F.S.; revising the amount

16         of damages that may be recovered for certain

17         injuries; requiring a plaintiff's attorney to

18         certify certain information as a condition to

19         bringing action against an insurer; amending

20         ss. 817.234, 817.505, F.S.; revising provisions

21         prohibiting the solicitation of a person in a

22         motor vehicle crash for certain purposes;

23         specifying that a charge for service following

24         a prohibited solicitation is an unlawful

25         charge; providing minimum terms of imprisonment

26         for unlawful actions with respect to insurance

27         claims; amending s. 324.021, F.S.; conforming

28         provisions to changes made by the act;

29         providing an effective date.

30

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

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  1         Section 1.  This act may be cited as the "Personal

  2  Injury Protection Insurance Reform Act."

  3         Section 2.  The Legislature finds and declares that the

  4  purposes of the Florida Motor Vehicle No-Fault Law have

  5  included providing affordable personal injury protection

  6  insurance for state residents which is intended to deliver to

  7  persons involved in motor vehicle crashes medically necessary

  8  and appropriate medical care quickly and without undue

  9  litigation or other associated costs, but the Legislature

10  finds that these purposes have been impeded by, among other

11  things, fraud, medically inappropriate over-utilization of

12  treatment and diagnostic services, inflated charges, and other

13  practices of a small number of health care providers,

14  entrepreneurs, and attorneys who are adding significant costs

15  to consumers, yet providing little or no real benefits. The

16  Legislature finds that some, but not all, of these practices

17  are described in the Statewide Grand Jury Report entitled

18  "Report on Insurance Fraud Related to Personal Injury

19  Protection" in case No. 95-746 in the Supreme Court of the

20  State of Florida, and the Legislature incorporates by

21  reference as findings of this section the entirety of that

22  report. The Legislature further finds that the problems

23  addressed in this report and in this act are matters of great

24  public interest and importance to public health, safety, and

25  welfare, and that the provisions of this act are the least

26  restrictive means by which to solve these problems.

27         Section 3.  Paragraph (c) of subsection (4) of section

28  626.989, Florida Statutes, is amended to read:

29         626.989  Investigation by department or Division of

30  Insurance Fraud; compliance; immunity; confidential

31

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  1  information; reports to division; division investigator's

  2  power of arrest.--

  3         (4)

  4         (c)  In the absence of fraud or bad faith, a person is

  5  not subject to civil liability for libel, slander, or any

  6  other relevant tort by virtue of filing reports, without

  7  malice, or furnishing other information, without malice,

  8  required by this section or required by the department or

  9  division under the authority granted in this section, and no

10  civil cause of action of any nature shall arise against such

11  person:

12         1.  For any information relating to suspected

13  fraudulent insurance acts furnished to or received from any

14  local, state, or federal law enforcement officials, their

15  agents, or employees;

16         2.  For any information relating to suspected

17  fraudulent insurance acts furnished to or received from other

18  persons subject to the provisions of this chapter; or

19         3.  For any such information furnished in reports to

20  the department, division, the National Insurance Crime Bureau,

21  or the National Association of Insurance Commissioners, or to

22  any local, state, or federal law enforcement officials, their

23  agents, or employees; or

24         4.  For other actions taken in cooperation with any of

25  the agencies or individuals specified in this section in the

26  lawful investigation of suspected acts of insurance fraud.

27         Section 4.  Section 627.731, Florida Statutes, is

28  amended to read:

29         627.731  Purpose.--The purpose of ss. 627.730-627.7405

30  is to provide for medical, surgical, funeral, and disability

31  insurance benefits without regard to fault, and to require

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  1  motor vehicle insurance securing such benefits, for motor

  2  vehicles required to be registered in this state and, with

  3  respect to motor vehicle accidents, a limitation on the right

  4  to claim noneconomic or general damages, including, but not

  5  limited to, damages for pain, suffering, mental anguish,

  6  physical impairment, loss of capacity to enjoy life, and

  7  inconvenience.

  8         Section 5.  Section 627.732, Florida Statutes, is

  9  amended to read:

10         627.732  Definitions.--As used in ss. 627.730-627.7405:

11         (1)  "Medically necessary" means a particular supply or

12  service that is generally recognized by prudent health care

13  providers treating similar conditions as acceptable and

14  appropriate for the intended purpose in accordance with the

15  prevailing professional standard of care. Unless such supply

16  or service is compensable for such purpose under both Medicare

17  Part B and chapter 440, it is presumed not to be medically

18  necessary unless proven to be medically necessary by clear and

19  convincing evidence.

20         (2)(1)  "Motor vehicle" means any self-propelled

21  vehicle with four or more wheels which is of a type both

22  designed and required to be licensed for use on the highways

23  of this state and any trailer or semitrailer designed for use

24  with such vehicle and includes:

25         (a)  A "private passenger motor vehicle," which is any

26  motor vehicle which is a sedan, station wagon, or jeep-type

27  vehicle and, if not used primarily for occupational,

28  professional, or business purposes, a motor vehicle of the

29  pickup, panel, van, camper, or motor home type.

30         (b)  A "commercial motor vehicle," which is any motor

31  vehicle which is not a private passenger motor vehicle.

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  1

  2  The term "motor vehicle" does not include a mobile home or any

  3  motor vehicle which is used in mass transit, other than public

  4  school transportation, and designed to transport more than

  5  five passengers exclusive of the operator of the motor vehicle

  6  and which is owned by a municipality, a transit authority, or

  7  a political subdivision of the state.

  8         (3)(2)  "Named insured" means a person, usually the

  9  owner of a vehicle, identified in a policy by name as the

10  insured under the policy.

11         (4)(3)  "Owner" means a person who holds the legal

12  title to a motor vehicle; or, in the event a motor vehicle is

13  the subject of a security agreement or lease with an option to

14  purchase with the debtor or lessee having the right to

15  possession, then the debtor or lessee shall be deemed the

16  owner for the purposes of ss. 627.730-627.7405.

17         (5)  "PIP clinic" means any facility or location at

18  which medical or diagnostic services are provided to persons

19  involved in motor vehicle crashes, which tenders charges for

20  reimbursement for such services to any insurer providing

21  personal injury protection coverage or to any insured, and:

22         (a)  With respect to which any person, other than a

23  licensed health care provider providing care within the scope

24  of his or her license, owns an interest in, controls, or

25  shares in profits from the operation of such facility or

26  location; or

27         (b)  Which derives more than 50 percent of its gross

28  patient revenue directly or indirectly from personal injury

29  protection insurance.

30         (6)(4)  "Relative residing in the same household" means

31  a relative of any degree by blood or by marriage who usually

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  1  makes her or his home in the same family unit, whether or not

  2  temporarily living elsewhere.

  3         (7)(5)  "Recovery agent" means any person or agency who

  4  is licensed as a recovery agent or recovery agency and

  5  authorized under s. 324.202 to seize license plates.

  6         (8)  "Unlawful charge" means:

  7         (a)  A charge for a medical or diagnostic supply or

  8  service which is the basis of a claim for personal injury

  9  protection benefits if the supply or service that is the basis

10  of the charge is not medically necessary, was rendered in

11  violation of a state or federal law or rule or in connection

12  with or as a result of a violation of a state or federal law

13  or rule, or is otherwise declared by state or federal law to

14  be unlawful or unenforceable; or

15         (b)  That portion of a charge for a medical or

16  diagnostic supply or service which is the basis of a claim for

17  personal injury protection benefits in excess of fee

18  limitations under state or federal law or rule, or which is

19  otherwise declared by state or federal law to be unlawful or

20  unenforceable.

21         Section 6.  Section 627.736, Florida Statutes, is

22  amended to read:

23         627.736  Required personal injury protection benefits;

24  exclusions; priority; claims.--

25         (1)  REQUIRED BENEFITS.--Every insurance policy

26  complying with the security requirements of s. 627.733 shall

27  provide personal injury protection to the named insured,

28  relatives residing in the same household, persons operating

29  the insured motor vehicle, passengers in such motor vehicle,

30  and other persons struck by such motor vehicle and suffering

31  bodily injury while not an occupant of a self-propelled

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  1  vehicle, subject to the provisions of subsection (2) and

  2  paragraph (4)(d), to a limit of $10,000 for loss sustained by

  3  any such person as a result of bodily injury, sickness,

  4  disease, or death arising out of the ownership, maintenance,

  5  or use of a motor vehicle as follows:

  6         (a)  Medical benefits.--Eighty percent of all

  7  reasonable expenses for medically necessary medical, surgical,

  8  X-ray, dental, and rehabilitative services, including

  9  prosthetic devices, and for medically necessary ambulance,

10  hospital, and nursing services.  Such benefits shall also

11  include necessary remedial treatment and services recognized

12  and permitted under the laws of the state for an injured

13  person who relies upon spiritual means through prayer alone

14  for healing, in accordance with his or her religious beliefs.

15         (b)  Disability benefits.--Sixty percent of any loss of

16  gross income and loss of earning capacity per individual from

17  inability to work proximately caused by the injury sustained

18  by the injured person, plus all expenses reasonably incurred

19  in obtaining from others ordinary and necessary services in

20  lieu of those that, but for the injury, the injured person

21  would have performed without income for the benefit of his or

22  her household. All disability benefits payable under this

23  provision shall be paid not less than every 2 weeks.

24         (c)  Death benefits.--Death benefits of $5,000 per

25  individual.  The insurer may pay such benefits to the executor

26  or administrator of the deceased, to any of the deceased's

27  relatives by blood or legal adoption or connection by

28  marriage, or to any person appearing to the insurer to be

29  equitably entitled thereto.

30

31

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  1  Only insurers writing motor vehicle liability insurance in

  2  this state may provide the required benefits of this section,

  3  and no such insurer shall require the purchase of any other

  4  motor vehicle coverage other than the purchase of property

  5  damage liability coverage as required by s. 627.7275 as a

  6  condition for providing such required benefits. Insurers may

  7  not require that property damage liability insurance in an

  8  amount greater than $10,000 be purchased in conjunction with

  9  personal injury protection.  Such insurers shall make benefits

10  and required property damage liability insurance coverage

11  available through normal marketing channels. Any insurer

12  writing motor vehicle liability insurance in this state who

13  fails to comply with such availability requirement as a

14  general business practice shall be deemed to have violated

15  part X of chapter 626, and such violation shall constitute an

16  unfair method of competition or an unfair or deceptive act or

17  practice involving the business of insurance; and any such

18  insurer committing such violation shall be subject to the

19  penalties afforded in such part, as well as those which may be

20  afforded elsewhere in the insurance code.

21         (2)  AUTHORIZED EXCLUSIONS.--Any insurer may exclude

22  benefits:

23         (a)  For injury sustained by the named insured and

24  relatives residing in the same household while occupying

25  another motor vehicle owned by the named insured and not

26  insured under the policy or for injury sustained by any person

27  operating the insured motor vehicle without the express or

28  implied consent of the insured.

29         (b)  To any injured person, if such person's conduct

30  contributed to his or her injury under any of the following

31  circumstances:

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  1         1.  Causing injury to himself or herself intentionally;

  2  or

  3         2.  Being injured while committing a felony.

  4

  5  Whenever an insured is charged with conduct as set forth in

  6  subparagraph 2., the 30-day payment provision of paragraph

  7  (4)(b) shall be held in abeyance, and the insurer shall

  8  withhold payment of any personal injury protection benefits

  9  pending the outcome of the case at the trial level.  If the

10  charge is nolle prossed or dismissed or the insured is

11  acquitted, the 30-day payment provision shall run from the

12  date the insurer is notified of such action.

13         (3)  INSURED'S RIGHTS TO RECOVERY OF SPECIAL DAMAGES IN

14  TORT CLAIMS.--No insurer shall have a lien on any recovery in

15  tort by judgment, settlement, or otherwise for personal injury

16  protection benefits, whether suit has been filed or settlement

17  has been reached without suit.  An injured party who is

18  entitled to bring suit under the provisions of ss.

19  627.730-627.7405, or his or her legal representative, shall

20  have no right to recover any damages for which personal injury

21  protection benefits are paid or payable. The plaintiff may

22  prove all of his or her special damages notwithstanding this

23  limitation, but if special damages are introduced in evidence,

24  the trier of facts, whether judge or jury, shall not award

25  damages for personal injury protection benefits paid or

26  payable.  In all cases in which a jury is required to fix

27  damages, the court shall instruct the jury that the plaintiff

28  shall not recover such special damages for personal injury

29  protection benefits paid or payable.

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

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

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  1  benefits received under any workers' compensation law shall be

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

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

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

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

  6  627.730-627.7405. When the Agency for Health Care

  7  Administration provides, pays, or becomes liable for medical

  8  assistance under the Medicaid program related to injury,

  9  sickness, disease, or death arising out of the ownership,

10  maintenance, or use of a motor vehicle, benefits under ss.

11  627.730-627.7405 shall be subject to the provisions of the

12  Medicaid program.

13         (a)  An insurer may require written notice to be given

14  as soon as practicable after an accident involving a motor

15  vehicle with respect to which the policy affords the security

16  required by ss. 627.730-627.7405.

17         (b)  Personal injury protection insurance benefits paid

18  pursuant to this section shall be overdue solely for the

19  purposes of imposing interest under paragraph (c) and the

20  notice provisions of subsection (8) if not paid within 30 days

21  after the insurer is furnished written notice of the fact of a

22  covered loss and of the amount of same.  If such written

23  notice is not furnished to the insurer as to the entire claim,

24  any partial amount supported by written notice is likewise

25  overdue if not paid within 30 days after such written notice

26  is furnished to the insurer.  Any part or all of the remainder

27  of the claim that is subsequently supported by written notice

28  is likewise overdue if not paid within 30 days after such

29  written notice is furnished to the insurer.  However, any

30  payment shall not be deemed overdue when the insurer has

31  reasonable cause to believe proof to establish that the

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  1  insurer is not responsible for the payment, notwithstanding

  2  that written notice has been furnished to the insurer.  For

  3  the purpose of calculating the extent to which any benefits

  4  are overdue, payment shall be treated as being made on the

  5  date a draft or other valid instrument which is equivalent to

  6  payment was placed in the United States mail in a properly

  7  addressed, postpaid envelope or, if not so posted, on the date

  8  of delivery.

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

10  the rate of 12 10 percent per year, calculated from the date

11  the insurer was furnished written notice of the claim.

12         (d)  The insurer of the owner of a motor vehicle shall

13  pay personal injury protection benefits for:

14         1.  Accidental bodily injury sustained in this state by

15  the owner while occupying a motor vehicle, or while not an

16  occupant of a self-propelled vehicle if the injury is caused

17  by physical contact with a motor vehicle.

18         2.  Accidental bodily injury sustained outside this

19  state, but within the United States of America or its

20  territories or possessions or Canada, by the owner while

21  occupying the owner's motor vehicle.

22         3.  Accidental bodily injury sustained by a relative of

23  the owner residing in the same household, under the

24  circumstances described in subparagraph 1. or subparagraph 2.,

25  provided the relative at the time of the accident is domiciled

26  in the owner's household and is not himself or herself the

27  owner of a motor vehicle with respect to which security is

28  required under ss. 627.730-627.7405.

29         4.  Accidental bodily injury sustained in this state by

30  any other person while occupying the owner's motor vehicle or,

31  if a resident of this state, while not an occupant of a

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  1  self-propelled vehicle, if the injury is caused by physical

  2  contact with such motor vehicle, provided the injured person

  3  is not himself or herself:

  4         a.  The owner of a motor vehicle with respect to which

  5  security is required under ss. 627.730-627.7405; or

  6         b.  Entitled to personal injury benefits from the

  7  insurer of the owner or owners of such a motor vehicle.

  8         (e)  If two or more insurers are liable to pay personal

  9  injury protection benefits for the same injury to any one

10  person, the maximum payable shall be as specified in

11  subsection (1), and any insurer paying the benefits shall be

12  entitled to recover from each of the other insurers an

13  equitable pro rata share of the benefits paid and expenses

14  incurred in processing the claim.

15         (f)  Medical payments insurance, if available in a

16  policy of motor vehicle insurance, shall pay the portion of

17  any claim for personal injury protection medical benefits

18  which is otherwise covered but is not payable due to the

19  coinsurance provision of paragraph (1)(a), regardless of

20  whether the full amount of personal injury protection coverage

21  has been exhausted.  The benefits shall not be payable for the

22  amount of any deductible which has been selected.

23         (g)  It is a violation of the insurance code for an

24  insurer to fail to timely provide benefits as required by this

25  section with such frequency as to constitute a general

26  business practice.

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

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

29  or institution lawfully rendering treatment to an injured

30  person for a bodily injury covered by personal injury

31  protection insurance may charge only a reasonable amount for

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  1  the products, services, and accommodations rendered, and the

  2  insurer providing such coverage may pay for such charges

  3  directly to such person or institution lawfully rendering such

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

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

  6  form approved by the Department of Insurance upon which such

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

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

  9  In no event, However, may such a charge may not be in excess

10  of the amount the person or institution customarily charges or

11  accepts as full compensation for like products, services, or

12  accommodations in cases involving no insurance, provided that

13  charges for cephalic thermograms and peripheral thermograms;

14  spinal ultrasounds; magnetic resonance imaging (MRI);

15  extremity ultrasounds; video fluoroscopy; surface

16  electromyography; nerve conduction testing, including motor

17  and sensory nerves, F waves, H reflexes, somatosensory evoked

18  potentials, and dermatomal studies; and any substantially

19  similar diagnostic test or procedure by whatever name may

20  shall not exceed the maximum reimbursement allowance for such

21  procedures as set forth in the applicable fee schedule

22  established pursuant to s. 440.13. If the department finds

23  that, with respect to a diagnostic test or procedure, there is

24  a pattern of overcharges, overutilization, excessive costs, or

25  improper or unnecessary utilization, the department shall by

26  rule designate the test or procedure and, when so designated,

27  charges for that test or procedure may not exceed the maximum

28  reimbursement allowance for the test or procedure as set forth

29  in the fee schedule.

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

31  than medical services billed by a hospital for services

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

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

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

  4  charges for treatment or services rendered more than 35 30

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

  6  past due amounts previously billed on a timely basis under

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

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

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

10  statement may include charges for treatment or services

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

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

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

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

15  with this paragraph. Any agreement requiring the injured

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

17  If, however, the insured has furnished a provider with the

18  incorrect name and address of the insured's insurer, the

19  provider must furnish the insurer with a statement of the

20  charges within 35 days after the date the provider has with

21  due diligence obtained the correct information. The insurer is

22  not required to pay for such charges unless the provider

23  includes with the statement documentary evidence that was

24  provided by the insured during the 35-day period demonstrating

25  that the provider reasonably relied on erroneous information

26  from the insured and includes with the statement a denial

27  letter from the incorrect insurer or United States postal

28  proof of mailing reflecting timely mailing to the incorrect

29  address or insurer. For emergency services and care as defined

30  in s. 395.002 rendered in a hospital emergency department or

31  for transport and treatment rendered by an ambulance provider

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  1  licensed pursuant to part III of chapter 401, the provider is

  2  not required to furnish the statement of charges within the

  3  time periods established by this paragraph; and the insurer

  4  shall not be considered to have been furnished with notice of

  5  the amount of covered loss for purposes of paragraph (4)(b)

  6  until it receives a statement complying with paragraph (5)(d),

  7  or copy thereof, which specifically identifies the place of

  8  service to be a hospital emergency department or an ambulance

  9  in accordance with billing standards recognized by the Health

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

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

12  no smaller than 12 points:

13         BILLING REQUIREMENTS.--Florida Statutes provide

14         that with respect to any treatment or services,

15         other than certain hospital and emergency

16         services, the statement of charges furnished to

17         the insurer by the provider may not include,

18         and the insurer and the injured party are not

19         required to pay, charges for treatment or

20         services rendered more than 35 30 days before

21         the postmark date of the statement, except for

22         past due amounts previously billed on a timely

23         basis, and except that, if the provider submits

24         to the insurer a notice of initiation of

25         treatment within 21 days after its first

26         examination or treatment of the claimant, the

27         statement may include charges for treatment or

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

29         days before the postmark date of the statement.

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

31  policy for personal injury protection benefits for binding

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  1  arbitration of any claims dispute involving medical benefits

  2  arising between the insurer and any person providing medical

  3  services or supplies if that person has agreed to accept

  4  assignment of personal injury protection benefits. The

  5  provision shall specify that the provisions of chapter 682

  6  relating to arbitration shall apply.  The prevailing party

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

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

  9  party shall be determined as follows:

10         1.  When the amount of personal injury protection

11  benefits determined by arbitration exceeds the sum of the

12  amount offered by the insurer at arbitration plus 50 percent

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

14  the claimant at arbitration and the amount offered by the

15  insurer at arbitration, the claimant is the prevailing party.

16         2.  When the amount of personal injury protection

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

18  amount offered by the insurer at arbitration plus 50 percent

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

20  the claimant at arbitration and the amount offered by the

21  insurer at arbitration, the insurer is the prevailing party.

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

23  applies, there is no prevailing party. For purposes of this

24  paragraph, the amount of the offer or claim at arbitration is

25  the amount of the last written offer or claim made at least 30

26  days prior to the arbitration.

27         4.  In the demand for arbitration, the party requesting

28  arbitration must include a statement specifically identifying

29  the issues for arbitration for each examination or treatment

30  in dispute. The other party must subsequently issue a

31  statement specifying any other examinations or treatment and

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  1  any other issues that it intends to raise in the arbitration.

  2  The parties may amend their statements up to 30 days prior to

  3  arbitration, provided that arbitration shall be limited to

  4  those identified issues and neither party may add additional

  5  issues during arbitration.

  6         (d)  All statements and bills for medical services

  7  rendered by any physician, hospital, clinic, or other person

  8  or institution shall be submitted to the insurer on a Health

  9  Care Finance Administration 1500 form, UB 92 forms, or any

10  other standard form approved by the department for purposes of

11  this paragraph. All billings for such services shall, to the

12  extent applicable, follow the Physicians' Current Procedural

13  Terminology (CPT) in the year in which services are rendered.

14  No statement of medical services may include charges for

15  medical services of a person or entity that performed such

16  services without possessing the valid licenses required to

17  perform such services. For purposes of paragraph (4)(b), an

18  insurer shall not be considered to have been furnished with

19  notice of the amount of covered loss or medical bills due

20  unless the statements or bills comply with this paragraph.

21         (6)  DISCOVERY OF FACTS ABOUT AN INJURED PERSON;

22  DISPUTES.--

23         (a)  Every employer shall, if a request is made by an

24  insurer providing personal injury protection benefits under

25  ss. 627.730-627.7405 against whom a claim has been made,

26  furnish forthwith, in a form approved by the department, a

27  sworn statement of the earnings, since the time of the bodily

28  injury and for a reasonable period before the injury, of the

29  person upon whose injury the claim is based.

30         (b)  Every physician, hospital, clinic, or other

31  medical institution providing, before or after bodily injury

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  1  upon which a claim for personal injury protection insurance

  2  benefits is based, any products, services, or accommodations

  3  in relation to that or any other injury, or in relation to a

  4  condition claimed to be connected with that or any other

  5  injury, shall, if requested to do so by the insurer against

  6  whom the claim has been made, furnish forthwith a written

  7  report of the history, condition, treatment, dates, and costs

  8  of such treatment of the injured person, together with a sworn

  9  statement that the treatment or services rendered were

10  reasonable and necessary with respect to the bodily injury

11  sustained and identifying which portion of the expenses for

12  such treatment or services was incurred as a result of such

13  bodily injury, and produce forthwith, and permit the

14  inspection and copying of, his or her or its records regarding

15  such history, condition, treatment, dates, and costs of

16  treatment. Such sworn statement shall read as follows: "Under

17  penalty of perjury, I declare that I have read the foregoing,

18  and the facts alleged are true, to the best of my knowledge

19  and belief." No cause of action for violation of the

20  physician-patient privilege or invasion of the right of

21  privacy shall be permitted against any physician, hospital,

22  clinic, or other medical institution complying with the

23  provisions of this section. The person requesting such records

24  and such sworn statement shall pay all reasonable costs

25  connected therewith. If an insurer makes a written request for

26  documentation under this paragraph within 20 days after having

27  received notice of the amount of a covered loss under

28  paragraph (4)(a), the insurer shall pay the amount or partial

29  amount of covered loss to which such documentation relates in

30  accordance with paragraph (4)(b) or within 10 days after the

31  insurer's receipt of the requested documentation, whichever

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  1  occurs later. For purposes of this paragraph, the term

  2  "receipt" includes, but is not limited to, inspection and

  3  copying pursuant to this paragraph.

  4         (c)  In the event of any dispute regarding an insurer's

  5  right to discovery of facts about an injured person's earnings

  6  or about his or her history, condition, or treatment, or the

  7  dates and costs of such treatment, the insurer may petition a

  8  court of competent jurisdiction to enter an order permitting

  9  such discovery.  The order may be made only on motion for good

10  cause shown and upon notice to all persons having an interest,

11  and it shall specify the time, place, manner, conditions, and

12  scope of the discovery. Such court may, in order to protect

13  against annoyance, embarrassment, or oppression, as justice

14  requires, enter an order refusing discovery or specifying

15  conditions of discovery and may order payments of costs and

16  expenses of the proceeding, including reasonable fees for the

17  appearance of attorneys at the proceedings, as justice

18  requires.

19         (d)  The injured person shall be furnished, upon

20  request, a copy of all information obtained by the insurer

21  under the provisions of this section, and shall pay a

22  reasonable charge, if required by the insurer.

23         (e)  Notice to an insurer of the existence of a claim

24  shall not be unreasonably withheld by an insured.

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

26  REPORTS.--

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

28  injured person covered by personal injury protection is

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

30  future personal injury protection insurance benefits, such

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

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  1  or physical examination by a physician or physicians. If the

  2  request for an examination is made within the 30-day period

  3  set forth in paragraph (4)(b), that 30-day period is tolled

  4  until 21 days after the date of the request for such

  5  examination by the insurer, or 10 days after the examination

  6  if the insured cannot be examined within 11 days after the

  7  request because of the unavailability of the insured. The

  8  costs of any examinations requested by an insurer shall be

  9  borne entirely by the insurer. Such examination shall be

10  conducted within the municipality where the insured is

11  receiving treatment, or in a location reasonably accessible to

12  the insured, which, for purposes of this paragraph, means any

13  location within the municipality in which the insured resides,

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

15  residence, provided such location is within the county in

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

17  conducted in a location reasonably accessible to the insured,

18  and if there is no qualified physician to conduct the

19  examination in a location reasonably accessible to the

20  insured, then such examination shall be conducted in an area

21  of the closest proximity to the insured's residence.  Personal

22  protection insurers are authorized to include reasonable

23  provisions in personal injury protection insurance policies

24  for mental and physical examination of those claiming personal

25  injury protection insurance benefits. An insurer may not

26  withdraw payment of a treating physician as to future

27  treatment without the consent of the injured person covered by

28  the personal injury protection, unless the insurer first

29  obtains a report by a physician licensed under the same

30  chapter as the treating physician whose future treatment

31  authorization is sought to be withdrawn, stating that further

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  1  treatment is was not reasonable, related, or medically

  2  necessary.

  3         (b)  If requested by the person examined, a party

  4  causing an examination to be made shall deliver to him or her

  5  a copy of every written report concerning the examination

  6  rendered by an examining physician, at least one of which

  7  reports must set out the examining physician's findings and

  8  conclusions in detail.  After such request and delivery, the

  9  party causing the examination to be made is entitled, upon

10  request, to receive from the person examined every written

11  report available to him or her or his or her representative

12  concerning any examination, previously or thereafter made, of

13  the same mental or physical condition.  By requesting and

14  obtaining a report of the examination so ordered, or by taking

15  the deposition of the examiner, the person examined waives any

16  privilege he or she may have, in relation to the claim for

17  benefits, regarding the testimony of every other person who

18  has examined, or may thereafter examine, him or her in respect

19  to the same mental or physical condition. If a person

20  unreasonably refuses to submit to an examination, the personal

21  injury protection carrier is no longer liable for subsequent

22  personal injury protection benefits.

23         (8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S

24  FEES.--With respect to any dispute under the provisions of ss.

25  627.730-627.7405 between the insured and the insurer, or

26  between the insurer and an assignee of an insured's rights,

27  the provisions of s. 627.428, except as otherwise provided in

28  this section, shall apply.

29         (a)  An overdue claim for medical benefits does not

30  give rise to an award of attorney's fees unless, as conditions

31  precedent thereto:

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  1         1.  At a time after the claim has become overdue

  2  pursuant to paragraph (4)(b), the claimant or the claimant's

  3  attorney submitted notice of the overdue claim by United

  4  States certified or registered mail to the insurer on a form

  5  adopted by rule of the department which includes space or

  6  instructions for providing:

  7         a.  An itemized specification of each amount claimed to

  8  be overdue, the information reasonably necessary to

  9  substantiate the medical necessity of the treatment or

10  supplies that are the basis for the claim, and the

11  reasonableness of the amount of the claim; and

12         b.  A written sworn statement signed by the physician,

13  hospital, clinic, or other person or institution rendering the

14  treatment to the insured upon which the claim is based,

15  certifying that no consideration of any kind was paid or

16  offered, directly or indirectly, in cash or in kind, or in any

17  form whatsoever, by the certifying individual or entity, or

18  any employee or agent thereof, to the insured or any other

19  person to induce the referral of the insured, or in return for

20  a list of names or a publication that lists names of

21  individuals involved in motor vehicle crashes in which the

22  insured's name is included;

23         2.  The insurer has subsequently failed to pay all

24  amounts identified in the notice within 30 days after the

25  insurer's receipt of the notice; and

26         3.  If the insured is the claimant, the claimant's

27  attorney has submitted to the insurer a written sworn

28  statement certifying that the attorney, the attorney's firm,

29  or an agent or employee of the attorney or attorney's firm has

30  not paid or offered consideration of any kind, directly or

31  indirectly, in cash or in kind, or in any form whatsoever to:

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  1         a.  The claimant;

  2         b.  Any person to induce the referral of the claimant

  3  to the attorney or the attorney's firm; or

  4         c.  Any person in return for a list of names or a

  5  publication in which the claimant's name is included.

  6         (b)  With respect to a suit based upon a claim arising

  7  under personal injury protection benefits, attorney's fees

  8  added to the judgment under this section or any other law may

  9  not exceed the reasonable hourly fee for legal services

10  actually and necessarily rendered, without adjustment by

11  resort to contingency risk multipliers such as Lodestar or

12  other multiplier effects.

13         (c)  This section or s. 627.428 does not limit in any

14  way a person's ability to employ the provisions of s. 768.79.

15         (9)(a)  Each insurer which has issued a policy

16  providing personal injury protection benefits shall report the

17  renewal, cancellation, or nonrenewal thereof to the Department

18  of Highway Safety and Motor Vehicles within 45 days from the

19  effective date of the renewal, cancellation, or nonrenewal.

20  Upon the issuance of a policy providing personal injury

21  protection benefits to a named insured not previously insured

22  by the insurer thereof during that calendar year, the insurer

23  shall report the issuance of the new policy to the Department

24  of Highway Safety and Motor Vehicles within 30 days.  The

25  report shall be in such form and format and contain such

26  information as may be required by the Department of Highway

27  Safety and Motor Vehicles which shall include a format

28  compatible with the data processing capabilities of said

29  department, and the Department of Highway Safety and Motor

30  Vehicles is authorized to adopt rules necessary with respect

31  thereto. Failure by an insurer to file proper reports with the

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  1  Department of Highway Safety and Motor Vehicles as required by

  2  this subsection or rules adopted with respect to the

  3  requirements of this subsection constitutes a violation of the

  4  Florida Insurance Code. Reports of cancellations and policy

  5  renewals and reports of the issuance of new policies received

  6  by the Department of Highway Safety and Motor Vehicles are

  7  confidential and exempt from the provisions of s. 119.07(1).

  8  These records are to be used for enforcement and regulatory

  9  purposes only, including the generation by the department of

10  data regarding compliance by owners of motor vehicles with

11  financial responsibility coverage requirements. In addition,

12  the Department of Highway Safety and Motor Vehicles shall

13  release, upon a written request by a person involved in a

14  motor vehicle accident, by the person's attorney, or by a

15  representative of the person's motor vehicle insurer, the name

16  of the insurance company and the policy number for the policy

17  covering the vehicle named by the requesting party.  The

18  written request must include a copy of the appropriate

19  accident form as provided in s. 316.065, s. 316.066, or s.

20  316.068.

21         (b)  Every insurer with respect to each insurance

22  policy providing personal injury protection benefits shall

23  notify the named insured or in the case of a commercial fleet

24  policy, the first named insured in writing that any

25  cancellation or nonrenewal of the policy will be reported by

26  the insurer to the Department of Highway Safety and Motor

27  Vehicles.  The notice shall also inform the named insured that

28  failure to maintain personal injury protection and property

29  damage liability insurance on a motor vehicle when required by

30  law may result in the loss of registration and driving

31  privileges in this state, and the notice shall inform the

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  1  named insured of the amount of the reinstatement fees required

  2  by s. 627.733(7).  This notice is for informational purposes

  3  only, and no civil liability shall attach to an insurer due to

  4  failure to provide this notice.

  5         (10)  An insurer may negotiate and enter into contracts

  6  with licensed health care providers for the benefits described

  7  in this section, referred to in this section as "preferred

  8  providers," which shall include health care providers licensed

  9  under chapters 458, 459, 460, 461, and 463. The insurer may

10  provide an option to an insured to use a preferred provider at

11  the time of purchase of the policy for personal injury

12  protection benefits, if the requirements of this subsection

13  are met.  If the insured elects to use a provider who is not a

14  preferred provider, whether the insured purchased a preferred

15  provider policy or a nonpreferred provider policy, the medical

16  benefits provided by the insurer shall be as required by this

17  section.  If the insured elects to use a provider who is a

18  preferred provider, the insurer may pay medical benefits in

19  excess of the benefits required by this section and may waive

20  or lower the amount of any deductible that applies to such

21  medical benefits.  If the insurer offers a preferred provider

22  policy to a policyholder or applicant, it must also offer a

23  nonpreferred provider policy. The insurer shall provide each

24  policyholder with a current roster of preferred providers in

25  the county in which the insured resides at the time of

26  purchase of such policy, and shall make such list available

27  for public inspection during regular business hours at the

28  principal office of the insurer within the state.

29         (11)  REGISTRATION AND CHARGES OF PIP CLINICS.--

30         (a)  Each PIP clinic must file a registration statement

31  with the Agency for Health Care Administration by September 1,

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  1  2001, or before beginning operation. The registration

  2  statement must be continuously updated and annually restated

  3  and refiled and must contain:

  4         1.  The name, residence and business addresses, and

  5  telephone numbers of all persons sharing in any profits

  6  derived from the operation of the clinic.

  7         2.  A schedule of all tests, treatments, or other

  8  services rendered in or by the clinic and the charges for each

  9  of such services.

10         3.  A sworn affidavit executed under penalty of perjury

11  from each person owning, controlling, or sharing in any profit

12  from the clinic, agreeing that each such person is jointly and

13  severally liable in any civil action related to any actions

14  taken by or in the clinic which are related to:

15         a.  Diagnostic tests or treatment by persons who are

16  not licensed to provide such treatment or unauthorized tests

17  or treatment by persons who are authorized to perform certain

18  treatments only under supervision of a licensed professional

19  or under other specific conditions; or

20         b.  Any unlawful charge or claim for reimbursement

21  tendered to an insurer providing personal injury protection

22  coverage or to an insured.

23         4.  A registration fee, in an amount determined by rule

24  of the Agency for Health Care Administration, which covers all

25  direct and indirect costs of the agency in implementing

26  registrations and maintaining and making registrations

27  available as public records.

28         5.  A bond conditioned to pay any judgment for

29  penalties or damages which may be adjudged against the clinic,

30  in an amount of $200,000 or two times the clinic's average

31  monthly gross receipts, whichever is greater.

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  1         (b)  A charge or claim for reimbursement made by or on

  2  behalf of a PIP clinic constitutes an unlawful charge if the

  3  clinic is not in compliance with this section or its

  4  registration statement, or if the PIP clinic is in violation

  5  of any laws governing medical treatment at the time the

  6  service is rendered or at the time the claim is sought to be

  7  collected.

  8         (12)  REIMBURSEMENT OF UNLAWFUL

  9  CHARGE.--Notwithstanding other law, an insurer or person

10  involved in a motor vehicle crash is not obligated to pay for

11  any unlawful charge or attorney's fees related to any claim

12  for such charges.

13         (13)  CIVIL ACTION CREATED.--Any insurer or other

14  person to whom a claim for an unlawful charge is tendered for

15  payment may file a civil action against any person, other than

16  an insured, tendering such claim, and against any person,

17  including an insured, aiding and abetting in such charge. A

18  person who in any way facilitates the delivery of services or

19  supplies or tenders or undertakes efforts to enforce

20  collection of such charge is aiding or abetting in such

21  charge, if such person derives any consideration or promise of

22  consideration related to the supply, service, or charge and

23  such person knew or should have known that the charge was

24  unlawful under the facts or conduct involved in the claims.

25  Damages recoverable in such action include the amount of the

26  unlawful charge and attorney's fees or other consequential

27  damages caused by the unlawful charge, including costs and

28  attorney's fees incurred in resisting the payment of the

29  unlawful charge, costs and attorney's fees incurred in making

30  a claim under this section, and punitive damages, subject to

31  the requirements and limitations of part II of chapter 768.

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  1         Section 7.  Section 627.737, Florida Statutes, is

  2  amended to read:

  3         627.737  Tort exemption; limitation on right to

  4  damages; punitive damages.--

  5         (1)  Every owner, registrant, operator, or occupant of

  6  a motor vehicle with respect to which security has been

  7  provided as required by ss. 627.730-627.7405, and every person

  8  or organization legally responsible for her or his acts or

  9  omissions, is hereby exempted from tort liability for damages

10  arising from because of bodily injury, sickness, or disease

11  arising out of the ownership, operation, maintenance, or use

12  of such motor vehicle in this state to the extent that the

13  benefits described in s. 627.736(1) are payable for such

14  injury, or would be payable but for any exclusion authorized

15  by ss. 627.730-627.7405, under any insurance policy or other

16  method of security complying with the requirements of s.

17  627.733, or by an owner personally liable under s. 627.733 for

18  the payment of such benefits, unless a person is entitled to

19  maintain an action to recover noneconomic or general damages,

20  including damages for pain, suffering, mental anguish,

21  physical impairment, loss of capacity to enjoy life, and

22  inconvenience, for such injury under the provisions of

23  subsection (2).

24         (2)  In any action of tort brought against the owner,

25  registrant, operator, or occupant of a motor vehicle with

26  respect to which security has been provided as required by ss.

27  627.730-627.7405, or against any person or organization

28  legally responsible for her or his acts or omissions, a

29  plaintiff may recover noneconomic or general damages in tort

30  including for pain, suffering, mental anguish, physical

31  impairment, loss of capacity to enjoy life, and inconvenience

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  1  arising from because of bodily injury, sickness, or disease

  2  arising out of the ownership, maintenance, operation, or use

  3  of such motor vehicle only in the event that the injury or

  4  disease consists in whole or in part of:

  5         (a)  Significant and permanent loss of an important

  6  bodily function.

  7         (b)  Significant permanent injury within a reasonable

  8  degree of medical probability, other than scarring or

  9  disfigurement which has a substantial and permanent impact on

10  the plaintiff's ability to perform the activities associated

11  with a reasonably normal lifestyle.

12         (c)  Significant and permanent scarring or

13  disfigurement.

14         (d)  Death.

15         (3)  When a plaintiff is represented by an attorney

16  with respect to an action brought under subsection (2), the

17  plaintiff's attorney shall, as a condition precedent to

18  maintaining the action, submit a written sworn statement to

19  the court certifying that the attorney, the attorney's firm,

20  any agent or employee of the attorney or the attorney's firm,

21  or any other attorney sharing in the fee arrangement has not

22  paid or offered consideration of any kind, directly or

23  indirectly, in cash or in kind, or in any form whatsoever to:

24         (a)  The plaintiff;

25         (b)  Any person to induce the referral of the plaintiff

26  to the attorney or the attorney's firm; or

27         (c)  Any person in return for a list of names or a

28  publication in which the plaintiff's name is included.

29         (4)(3)  When a defendant, in a proceeding brought

30  pursuant to ss. 627.730-627.7405, questions whether the

31  plaintiff has met the requirements of subsection (2), then the

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  1  defendant may file an appropriate motion with the court, and

  2  the court shall, on a one-time basis only, 30 days before the

  3  date set for the trial or the pretrial hearing, whichever is

  4  first, by examining the pleadings and the evidence before it,

  5  ascertain whether the plaintiff will be able to submit some

  6  evidence that the plaintiff will meet the requirements of

  7  subsection (2).  If the court finds that the plaintiff will

  8  not be able to submit such evidence, then the court shall

  9  dismiss the plaintiff's claim without prejudice.

10         (5)(4)  In any action brought against an automobile

11  liability insurer for damages in excess of its policy limits,

12  no claim for punitive damages shall be allowed.

13         Section 8.  Section 817.234, Florida Statutes, is

14  amended to read:

15         817.234  False and fraudulent insurance claims.--

16         (1)(a)  A person commits insurance fraud punishable as

17  provided in subsection (11) if that person, with the intent to

18  injure, defraud, or deceive any insurer:

19         1.  Presents or causes to be presented any written or

20  oral statement as part of, or in support of, a claim for

21  payment or other benefit pursuant to an insurance policy or a

22  health maintenance organization subscriber or provider

23  contract, knowing that such statement contains any false,

24  incomplete, or misleading information concerning any fact or

25  thing material to such claim;

26         2.  Prepares or makes any written or oral statement

27  that is intended to be presented to any insurer in connection

28  with, or in support of, any claim for payment or other benefit

29  pursuant to an insurance policy or a health maintenance

30  organization subscriber or provider contract, knowing that

31  such statement contains any false, incomplete, or misleading

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  1  information concerning any fact or thing material to such

  2  claim; or

  3         3.a.  Knowingly presents, causes to be presented, or

  4  prepares or makes with knowledge or belief that it will be

  5  presented to any insurer, purported insurer, servicing

  6  corporation, insurance broker, or insurance agent, or any

  7  employee or agent thereof, any false, incomplete, or

  8  misleading information or written or oral statement as part

  9  of, or in support of, an application for the issuance of, or

10  the rating of, any insurance policy, or a health maintenance

11  organization subscriber or provider contract; or

12         b.  Who knowingly conceals information concerning any

13  fact material to such application.

14         (b)  All claims and application forms shall contain a

15  statement that is approved by the Department of Insurance that

16  clearly states in substance the following: "Any person who

17  knowingly and with intent to injure, defraud, or deceive any

18  insurer files a statement of claim or an application

19  containing any false, incomplete, or misleading information is

20  guilty of a felony of the third degree."  This paragraph shall

21  not apply to reinsurance contracts, reinsurance agreements, or

22  reinsurance claims transactions.

23         (2)(a)  Any physician licensed under chapter 458,

24  osteopathic physician licensed under chapter 459, chiropractic

25  physician licensed under chapter 460, or other practitioner

26  licensed under the laws of this state who knowingly and

27  willfully assists, conspires with, or urges any insured party

28  to fraudulently violate any of the provisions of this section

29  or part XI of chapter 627, or any person who, due to such

30  assistance, conspiracy, or urging by said physician,

31  osteopathic physician, chiropractic physician, or

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  1  practitioner, knowingly and willfully benefits from the

  2  proceeds derived from the use of such fraud, commits insurance

  3  fraud, punishable as provided in subsection (11). In the event

  4  that a physician, osteopathic physician, chiropractic

  5  physician, or practitioner is adjudicated guilty of a

  6  violation of this section, the Board of Medicine as set forth

  7  in chapter 458, the Board of Osteopathic Medicine as set forth

  8  in chapter 459, the Board of Chiropractic Medicine as set

  9  forth in chapter 460, or other appropriate licensing authority

10  shall hold an administrative hearing to consider the

11  imposition of administrative sanctions as provided by law

12  against said physician, osteopathic physician, chiropractic

13  physician, or practitioner.

14         (b)  In addition to any other provision of law,

15  systematic upcoding by a provider, as defined in s.

16  641.19(15), with the intent to obtain reimbursement otherwise

17  not due from an insurer is punishable as provided in s.

18  641.52(5).

19         (3)  Any attorney who knowingly and willfully assists,

20  conspires with, or urges any claimant to fraudulently violate

21  any of the provisions of this section or part XI of chapter

22  627, or any person who, due to such assistance, conspiracy, or

23  urging on such attorney's part, knowingly and willfully

24  benefits from the proceeds derived from the use of such fraud,

25  commits insurance fraud, punishable as provided in subsection

26  (11).

27         (4)  Any person or governmental unit licensed under

28  chapter 395 to maintain or operate a hospital, and any

29  administrator or employee of any such hospital, who knowingly

30  and willfully allows the use of the facilities of said

31  hospital by an insured party in a scheme or conspiracy to

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  1  fraudulently violate any of the provisions of this section or

  2  part XI of chapter 627 commits insurance fraud, punishable as

  3  provided in subsection (11).  Any adjudication of guilt for a

  4  violation of this subsection, or the use of business practices

  5  demonstrating a pattern indicating that the spirit of the law

  6  set forth in this section or part XI of chapter 627 is not

  7  being followed, shall be grounds for suspension or revocation

  8  of the license to operate the hospital or the imposition of an

  9  administrative penalty of up to $5,000 by the licensing

10  agency, as set forth in chapter 395.

11         (5)  Any insurer damaged as a result of a violation of

12  any provision of this section when there has been a criminal

13  adjudication of guilt shall have a cause of action to recover

14  compensatory damages, plus all reasonable investigation and

15  litigation expenses, including attorneys' fees, at the trial

16  and appellate courts.

17         (6)  For the purposes of this section, "statement"

18  includes, but is not limited to, any notice, statement, proof

19  of loss, bill of lading, invoice, account, estimate of

20  property damages, bill for services, diagnosis, prescription,

21  hospital or doctor records, X ray, test result, or other

22  evidence of loss, injury, or expense.

23         (7)  The provisions of this section shall also apply as

24  to any insurer or adjusting firm or its agents or

25  representatives who, with intent, injure, defraud, or deceive

26  any claimant with regard to any claim.  The claimant shall

27  have the right to recover the damages provided in this

28  section.

29         (8)  It is unlawful for any person, in his or her

30  individual capacity or in his or her capacity as a public or

31  private employee, or for any firm, corporation, partnership,

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  1  or association, to solicit or cause to be solicited any person

  2  involved in a motor vehicle crash by any means of

  3  communication, other than advertising directed to the general

  4  public, business in or about city receiving hospitals, city

  5  and county receiving hospitals, county hospitals, justice

  6  courts, or municipal courts; in any public institution; in any

  7  public place; upon any public street or highway; in or about

  8  private hospitals, sanitariums, or any private institution; or

  9  upon private property of any character whatsoever for the

10  purpose of making motor vehicle tort claims or claims for

11  personal injury protection benefits required by s. 627.736.

12  Any charge for a service rendered by any medical provider or

13  attorney who has solicited the person or caused the person to

14  be solicited in violation of this subsection is an unlawful

15  charge, as that term is defined in s. 627.732, and is

16  unenforceable. Any person who violates the provisions of this

17  subsection commits a felony of the third degree, punishable as

18  provided in s. 775.082, s. 775.083, or s. 775.084. A person

19  who is convicted of a violation of this subsection shall be

20  sentenced to a minimum term of imprisonment of 6 months.

21         (9)  It is unlawful for any attorney to solicit any

22  business relating to the representation of persons involved

23  injured in a motor vehicle accident for the purpose of filing

24  a motor vehicle tort claim or a claim for personal injury

25  protection benefits required by s. 627.736.  The solicitation

26  by advertising of any business by an attorney relating to the

27  representation of a person involved injured in a specific

28  motor vehicle accident is prohibited by this section. Any

29  attorney who violates the provisions of this subsection

30  commits a felony of the third degree, punishable as provided

31  in s. 775.082, s. 775.083, or s. 775.084.  A person who is

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  1  convicted of a violation of this subsection shall be sentenced

  2  to a minimum term of imprisonment of 6 months. Whenever any

  3  circuit or special grievance committee acting under the

  4  jurisdiction of the Supreme Court finds probable cause to

  5  believe that an attorney is guilty of a violation of this

  6  section, such committee shall forward to the appropriate state

  7  attorney a copy of the finding of probable cause and the

  8  report being filed in the matter. This section shall not be

  9  interpreted to prohibit advertising by attorneys which does

10  not entail a solicitation as described in this subsection and

11  which is permitted by the rules regulating The Florida Bar as

12  promulgated by the Florida Supreme Court.

13         (10)  As used in this section, the term "insurer" means

14  any insurer, health maintenance organization, self-insurer,

15  self-insurance fund, or other similar entity or person

16  regulated under chapter 440 or chapter 641 or by the

17  Department of Insurance under the Florida Insurance Code.

18         (11)  If the value of any property involved in a

19  violation of this section:

20         (a)  Is less than $20,000, the offender commits a

21  felony of the third degree, punishable as provided in s.

22  775.082, s. 775.083, or s. 775.084, and a convicted offender

23  shall be sentenced to a minimum term of imprisonment of 6

24  months.

25         (b)  Is $20,000 or more, but less than $100,000, the

26  offender commits a felony of the second degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084, and a

28  convicted offender shall be sentenced to a minimum term of

29  imprisonment of 1 year.

30         (c)  Is $100,000 or more, the offender commits a felony

31  of the first degree, punishable as provided in s. 775.082, s.

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  1  775.083, or s. 775.084, and a convicted offender shall be

  2  sentenced to a minimum term of imprisonment of 2 years.

  3         (12)  As used in this section:

  4         (a)  "Property" means property as defined in s.

  5  812.012.

  6         (b)  "Value" means value as defined in s. 812.012.

  7         Section 9.  Section 817.505, Florida Statutes, is

  8  amended to read:

  9         817.505  Patient brokering prohibited; exceptions;

10  penalties.--

11         (1)  It is unlawful for any person, including any

12  health care provider or health care facility, to:

13         (a)  Offer or pay any commission, bonus, rebate,

14  kickback, or bribe, directly or indirectly, in cash or in

15  kind, or engage in any split-fee arrangement, in any form

16  whatsoever, to induce the referral of patients or patronage

17  from a health care provider or health care facility;

18         (b)  Solicit or receive any commission, bonus, rebate,

19  kickback, or bribe, directly or indirectly, in cash or in

20  kind, or engage in any split-fee arrangement, in any form

21  whatsoever, in return for referring patients or patronage to a

22  health care provider or health care facility; or

23         (c)  Aid, abet, advise, or otherwise participate in the

24  conduct prohibited under paragraph (a) or paragraph (b).

25         (2)  For the purposes of this section, the term:

26         (a)  "Health care provider or health care facility"

27  means any person or entity licensed, certified, or registered

28  with the Agency for Health Care Administration; any person or

29  entity that has contracted with the Agency for Health Care

30  Administration to provide goods or services to Medicaid

31  recipients as provided under s. 409.907; a county health

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  1  department established under part I of chapter 154; any

  2  community service provider contracting with the Department of

  3  Children and Family Services to furnish alcohol, drug abuse,

  4  or mental health services under part IV of chapter 394; any

  5  substance abuse service provider licensed under chapter 397;

  6  or any federally supported primary care program such as a

  7  migrant or community health center authorized under ss. 329

  8  and 330 of the United States Public Health Services Act.

  9         (b)  "Health care provider network entity" means a

10  corporation, partnership, or limited liability company owned

11  or operated by two or more health care providers and organized

12  for the purpose of entering into agreements with health

13  insurers, health care purchasing groups, or the Medicare or

14  Medicaid program.

15         (c)  "Health insurer" means any insurance company

16  authorized to transact health insurance in the state, any

17  insurance company authorized to transact health insurance or

18  casualty insurance in the state that is offering a minimum

19  premium plan or stop-loss coverage for any person or entity

20  providing health care benefits, any self-insurance plan as

21  defined in s. 624.031, any health maintenance organization

22  authorized to transact business in the state pursuant to part

23  I of chapter 641, any prepaid health clinic authorized to

24  transact business in the state pursuant to part II of chapter

25  641, any prepaid limited health service organization

26  authorized to transact business in this state pursuant to

27  chapter 636, any multiple-employer welfare arrangement

28  authorized to transact business in the state pursuant to ss.

29  624.436-624.45, or any fraternal benefit society providing

30  health benefits to its members as authorized pursuant to

31  chapter 632.

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  1         (3)  This section shall not apply to:

  2         (a)  Any discount, payment, waiver of payment, or

  3  payment practice not prohibited by 42 U.S.C. s. 1320a-7b(b) or

  4  regulations promulgated thereunder.

  5         (b)  Any payment, compensation, or financial

  6  arrangement within a group practice as defined in s. 456.053,

  7  provided such payment, compensation, or arrangement is not to

  8  or from persons who are not members of the group practice.

  9         (c)  Payments to a health care provider or health care

10  facility for professional consultation services.

11         (d)  Commissions, fees, or other remuneration lawfully

12  paid to insurance agents as provided under the insurance code.

13         (e)  Payments by a health insurer who reimburses,

14  provides, offers to provide, or administers health, mental

15  health, or substance abuse goods or services under a health

16  benefit plan.

17         (f)  Payments to or by a health care provider or health

18  care facility, or a health care provider network entity, that

19  has contracted with a health insurer, a health care purchasing

20  group, or the Medicare or Medicaid program to provide health,

21  mental health, or substance abuse goods or services under a

22  health benefit plan when such payments are for goods or

23  services under the plan. However, nothing in this section

24  affects whether a health care provider network entity is an

25  insurer required to be licensed under the Florida Insurance

26  Code.

27         (g)  Insurance advertising gifts lawfully permitted

28  under s. 626.9541(1)(m).

29         (h)  Commissions or fees paid to a nurse registry

30  licensed under s. 400.506 for referring persons providing

31  health care services to clients of the nurse registry.

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  1         (i)  Payments by a health care provider or health care

  2  facility to a health, mental health, or substance abuse

  3  information service that provides information upon request and

  4  without charge to consumers about providers of health care

  5  goods or services to enable consumers to select appropriate

  6  providers or facilities, provided that such information

  7  service:

  8         1.  Does not attempt through its standard questions for

  9  solicitation of consumer criteria or through any other means

10  to steer or lead a consumer to select or consider selection of

11  a particular health care provider or health care facility;

12         2.  Does not provide or represent itself as providing

13  diagnostic or counseling services or assessments of illness or

14  injury and does not make any promises of cure or guarantees of

15  treatment;

16         3.  Does not provide or arrange for transportation of a

17  consumer to or from the location of a health care provider or

18  health care facility; and

19         4.  Charges and collects fees from a health care

20  provider or health care facility participating in its services

21  that are set in advance, are consistent with the fair market

22  value for those information services, and are not based on the

23  potential value of a patient or patients to a health care

24  provider or health care facility or of the goods or services

25  provided by the health care provider or health care facility.

26         (4)  Any person, including an officer, partner, agent,

27  attorney, or other representative of a firm, joint venture,

28  partnership, business trust, syndicate, corporation, or other

29  business entity, who violates any provision of this section

30  commits a felony of the third degree, punishable as provided

31  in s. 775.082, s. 775.083, or s. 775.084. A person who is

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  1  convicted of a violation of this section shall be sentenced to

  2  a minimum term of imprisonment of 6 months.

  3         (5)  Notwithstanding the existence or pursuit of any

  4  other remedy, the Attorney General or the state attorney of

  5  the judicial circuit in which any part of the offense occurred

  6  may maintain an action for injunctive or other process to

  7  enforce the provisions of this section.

  8         (6)  The party bringing an action under this section

  9  may recover reasonable expenses in obtaining injunctive

10  relief, including, but not limited to, investigative costs,

11  court costs, reasonable attorney's fees, witness costs, and

12  deposition expenses.

13         (7)  The provisions of this section are in addition to

14  any other civil, administrative, or criminal actions provided

15  by law and may be imposed against both corporate and

16  individual defendants.

17         Section 10.  Subsection (1) of section 324.021, Florida

18  Statutes, is amended to read:

19         324.021  Definitions; minimum insurance required.--The

20  following words and phrases when used in this chapter shall,

21  for the purpose of this chapter, have the meanings

22  respectively ascribed to them in this section, except in those

23  instances where the context clearly indicates a different

24  meaning:

25         (1)  MOTOR VEHICLE.--Every self-propelled vehicle which

26  is designed and required to be licensed for use upon a

27  highway, including trailers and semitrailers designed for use

28  with such vehicles, except traction engines, road rollers,

29  farm tractors, power shovels, and well drillers, and every

30  vehicle which is propelled by electric power obtained from

31  overhead wires but not operated upon rails, but not including

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  1  any bicycle or moped. However, the term "motor vehicle" shall

  2  not include any motor vehicle as defined in s. 627.732 s.

  3  627.732(1) when the owner of such vehicle has complied with

  4  the requirements of ss. 627.730-627.7405, inclusive, unless

  5  the provisions of s. 324.051 apply; and, in such case, the

  6  applicable proof of insurance provisions of s. 320.02 apply.

  7         Section 11.  This act shall take effect July 1, 2001.

  8

  9            *****************************************

10                          SENATE SUMMARY

11    Creates the "Personal Injury Protection Insurance Reform
      Act." Provides immunity from liability for law
12    enforcement officials who provide information to various
      agencies about acts of insurance fraud. Requires that the
13    Department of Insurance designate maximum reimbursement
      allowances for certain tests and procedures. Requires
14    that an insurer pay interest on overdue benefits. Allows
      the period for paying benefits to be tolled under certain
15    circumstances. Revises requirements for awarding
      attorney's fees. Requires that PIP clinics register with
16    the Agency for Health Care Administration and maintain a
      bond. Prohibits soliciting a person involved in a motor
17    vehicle crash for certain purposes. Provides minimum
      terms of imprisonment for acts of insurance fraud. (See
18    bill for details.)

19

20

21

22

23

24

25

26

27

28

29

30

31

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