House Bill hb1819c1

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    Florida House of Representatives - 2001             CS/HB 1819

        By the Committees on Health Regulation, Insurance and
    Representatives Waters, Heyman, Brown, Negron, Wiles, Simmons,
    McGriff, Melvin, Berfield, Kallinger, Lee, Fields, Ross,
    Sobel, Wishner and Farkas



  1                      A bill to be entitled

  2         An act relating to insurance and illegal use of

  3         public records; amending s. 119.10, F.S.;

  4         providing a criminal penalty for use of certain

  5         report information for commercial solicitation;

  6         creating s. 456.0375, F.S.; providing a

  7         definition; requiring registration of certain

  8         clinics; providing requirements; requiring

  9         medical directors for certain clinics;

10         providing duties and responsibilities of

11         medical directors; authorizing the Department

12         of Insurance to adopt rules for certain

13         purposes; providing for enforcement; amending

14         s. 626.989, F.S.; clarifying immunity from

15         civil actions provisions; amending s. 627.732,

16         F.S.; providing a definition; amending s.

17         627.736, F.S.; revising provisions relating to

18         personal injury protection benefits; revising

19         provisions for charges for treatments;

20         providing for electronic access to certain

21         information under certain circumstances;

22         prohibiting compilation of and retention of

23         such information; providing presuit notice

24         requirements; providing for civil actions

25         against persons convicted of fraud; amending s.

26         627.739, F.S.; providing limitations on certain

27         charges by providers; amending s. 817.234,

28         F.S.; prohibiting solicitation of specific

29         persons involved in motor vehicle crashes;

30         specifying certain charges as unlawful and

31         unenforceable; amending s. 324.021, F.S.;

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  1         correcting a cross reference; providing an

  2         appropriation; providing effective dates.

  3

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

  5

  6         Section 1.  Subsection (3) is added to section 119.10,

  7  Florida Statutes, to read:

  8         119.10  Violation of chapter; penalties.--

  9         (3)  Any person who willingly and knowingly violates s.

10  119.105 commits a felony of the third degree, punishable as

11  provided in s. 775.082, s. 775.083, or s. 775.084.

12         Section 2.  Effective October 1, 2001, section

13  456.0375, Florida Statutes, is created to read:

14         456.0375  Registration of certain clinics;

15  requirements; discipline; exemptions.--

16         (1)  Definition.--As used in this section, "clinic"

17  means a single structure or facility, a group of adjacent

18  structures or facilities, or a portion of a structure or

19  facility, operating under the same business name or

20  management, at which health care services are provided to

21  individuals and which tender charges for reimbursement for

22  such services unless otherwise licensed by the state pursuant

23  to chapter 383, chapter 390, chapter 394, chapter 395, chapter

24  397, chapter 400, chapter 463, chapter 465, chapter 466,

25  chapter 478, chapter 480, or chapter 484, or exempt from

26  federal taxation under 26 U.S.C. s. 501(c)(3). For purposes of

27  this section, "health care services" means any service that

28  may only be performed by a licensed health care practitioner

29  as defined in s. 456.001.

30         (2)(a)  Clinics in which an entity or individual, other

31  than those licensed under chapter 458, chapter 459, chapter

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  1  460, or chapter 461, possesses an ownership interest shall be

  2  registered with the department. The clinic shall at all times

  3  maintain a valid registration.  Each clinic location shall be

  4  registered separately even though operated under the same

  5  business name or management. A registration is not

  6  transferable.  For purposes of determining registration

  7  requirements under this paragraph, clinics owned by physicians

  8  licensed pursuant to chapter 458, chapter 459, chapter 460, or

  9  chapter 461 shall also include those clinics owned jointly by

10  the physician and the physician's spouse, parent, or child, so

11  long as the licensed physician is supervising the delivery of

12  appropriate health care services performed in the clinic and

13  is legally responsible for the clinic's compliance with all

14  federal and state laws.

15         (b)  The department shall adopt rules necessary to

16  implement the registration program, including rules

17  establishing the specific registration procedures, forms, and

18  fees.  Registration fees shall be reasonably calculated to

19  cover the cost of registration and be of such amount that the

20  total fees collected do not exceed the cost to administer and

21  enforce compliance with this section. Registration may be

22  conducted electronically. Registration requirements shall

23  include the following:

24         1.  The clinic shall file the registration form with

25  the department within 60 days after the effective date of this

26  act or prior to the inception of operation.  The registration

27  shall expire automatically 2 years from the date of issuance

28  and must be renewed biennially thereafter.

29         2.  The registration form shall contain the name,

30  residence and business address, phone number, and license

31  number of the medical director for the clinic.

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  1         3.  The clinic shall display the registration

  2  certificate in a conspicuous location within the clinic

  3  readily visible to all patients.

  4         (3)(a)  Every clinic owned by an individual other than

  5  a fully licensed physician or owned by an entity other than a

  6  professional corporation or limited liability company composed

  7  only of fully licensed physicians shall employ or contract

  8  with a physician maintaining a full and unencumbered physician

  9  license in accordance with chapter 458, chapter 459, chapter

10  460, or chapter 461 to serve as the medical director.

11         (b)  A medical director shall agree in writing to

12  accept legal responsibility for supervising the delivery of

13  appropriate health care services and supplies. The medical

14  director shall:

15         1.  Have signs identifying the medical director posted

16  in a conspicuous location within the clinic readily visible to

17  all patients.

18         2.  Ensure that all practitioners providing health care

19  services or supplies to patients maintain a current active and

20  unencumbered license in this state.

21         3.  Review any patient referral contracts or agreements

22  executed by the clinic.

23         4.  Ensure that all health care practitioners at the

24  clinic have active appropriate certification or licensure for

25  the level of care being provided.

26         5.  Serve as the clinic records holder as defined in s.

27  456.057.

28         6.  Comply with medical recordkeeping, office surgery,

29  and adverse incident reporting requirements of chapter 456,

30  the respective practice acts, and rules adopted thereunder.

31

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  1         7.  Conduct systematic reviews of clinic billings to

  2  ensure that the billings are not fraudulent or unlawful.  Upon

  3  discovery of an unlawful charge, the medical director shall

  4  take immediate corrective action.

  5         (c)  Any contract to serve as a medical director

  6  entered into or renewed by a physician in violation of this

  7  section shall be void as contrary to public policy.  This

  8  section shall apply to contracts entered into or renewed on or

  9  after October 1, 2001.

10         (d)  The department, in consultation with the boards,

11  shall adopt rules specifying limitations on the number of

12  registered clinics and licensees for which a medical director

13  may assume responsibility for purposes of this section. In

14  determining the quality of supervision a medical director can

15  provide, the department shall consider the number of clinic

16  employees, clinic location, and types of services provided by

17  the clinic.

18         (4)(a)  All charges or reimbursement claims made by or

19  on behalf of a clinic, required to be registered under this

20  section for services rendered when not registered in violation

21  of this section, are unlawful charges and therefore

22  noncompensable and unenforceable.

23         (b)  Any person establishing, operating, or managing an

24  unregistered clinic otherwise required to be registered under

25  this section commits a felony of the third degree, punishable

26  as provided in s. 775.082, s. 775.083, or s. 775.084, in

27  accordance with s. 456.065.

28         (c)  Any licensed health care practitioner violating

29  the provisions of this section shall be subject to discipline

30  in accordance with chapter 456 and the respective practice

31  act.

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  1         (d)  The department shall revoke the registration of

  2  any clinic registered under this section for operating in

  3  violation of the requirements of this section or the rules

  4  adopted by the department.

  5         (e)  The department shall investigate allegations of

  6  noncompliance with this section and the rules adopted pursuant

  7  to this section.

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

  9  626.989, Florida Statutes, is amended to read:

10         626.989  Investigation by department or Division of

11  Insurance Fraud; compliance; immunity; confidential

12  information; reports to division; division investigator's

13  power of arrest.--

14         (4)

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

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

17  other relevant tort by virtue of filing reports, without

18  malice, or furnishing other information, without malice,

19  required by this section or required by the department or

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

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

22  person:

23         1.  For any information relating to suspected

24  fraudulent insurance acts, or persons suspected of engaging in

25  such acts, furnished to or received from law enforcement

26  officials, their agents, or employees;

27         2.  For any information relating to suspected

28  fraudulent insurance acts, or persons suspected of engaging in

29  such acts, furnished to or received from other persons subject

30  to the provisions of this chapter; or

31

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  1         3.  For any such information furnished in reports to

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

  3  or the National Association of Insurance Commissioners, or any

  4  local, state, or federal enforcement officials, their agents,

  5  or employees; or

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

  7  the agencies or individuals specified in this section in the

  8  lawful investigation of suspected fraudulent insurance acts.

  9         Section 4.  Subsections (1), (2), (3), (4), and (5) of

10  section 627.732, Florida Statutes, are renumbered as

11  subsections (2), (3), (4), (5), and (6), respectively, and a

12  new subsection (1) is added to said section, to read:

13         627.732  Definitions.--As used in ss. 627.730-627.7405:

14         (1)  "Medically necessary" means a medical service or

15  supply a prudent physician would provide for the purpose of

16  preventing, diagnosing, or treating an illness, injury, or

17  disease or its symptoms in a manner that is:

18         (a)  In accordance with generally accepted standards of

19  medical practice.

20         (b)  Clinically appropriate in terms of type,

21  frequency, extent, site, and duration.

22         (c)  Not primarily for the convenience of the patient,

23  physician, or other health care provider.

24         Section 5.  Paragraph (a) of subsection (1), paragraphs

25  (b) and (c) of subsection (4), subsection (5), paragraph (a)

26  of subsection (7), subsection (8), and paragraph (a) of

27  subsection (9) of section 627.736, Florida Statutes, are

28  amended, and subsections (11) and (12) are added to said

29  section, to read:

30         627.736  Required personal injury protection benefits;

31  exclusions; priority; claims.--

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

  2  complying with the security requirements of s. 627.733 shall

  3  provide personal injury protection to the named insured,

  4  relatives residing in the same household, persons operating

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

  6  and other persons struck by such motor vehicle and suffering

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

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

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

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

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

12  or use of a motor vehicle as follows:

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

14  reasonable expenses for medically necessary medical, surgical,

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

16  prosthetic devices, and medically necessary ambulance,

17  hospital, and nursing services.  Such benefits shall also

18  include necessary remedial treatment and services recognized

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

20  person who relies upon spiritual means through prayer alone

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

22

23  Only insurers writing motor vehicle liability insurance in

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

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

26  motor vehicle coverage other than the purchase of property

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

28  condition for providing such required benefits. Insurers may

29  not require that property damage liability insurance in an

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

31  personal injury protection.  Such insurers shall make benefits

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  1  and required property damage liability insurance coverage

  2  available through normal marketing channels. Any insurer

  3  writing motor vehicle liability insurance in this state who

  4  fails to comply with such availability requirement as a

  5  general business practice shall be deemed to have violated

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

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

  8  practice involving the business of insurance; and any such

  9  insurer committing such violation shall be subject to the

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

11  afforded elsewhere in the insurance code.

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

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

14  benefits received under any workers' compensation law shall be

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

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

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

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

19  627.730-627.7405. When the Agency for Health Care

20  Administration provides, pays, or becomes liable for medical

21  assistance under the Medicaid program related to injury,

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

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

24  627.730-627.7405 shall be subject to the provisions of the

25  Medicaid program.

26         (b)  Personal injury protection insurance benefits paid

27  pursuant to this section shall be overdue if not paid within

28  30 days after the insurer is furnished written notice of the

29  fact of a covered loss and of the amount of same.  If such

30  written notice is not furnished to the insurer as to the

31  entire claim, any partial amount supported by written notice

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  1  is overdue if not paid within 30 days after such written

  2  notice is furnished to the insurer.  Any part or all of the

  3  remainder of the claim that is subsequently supported by

  4  written notice is overdue if not paid within 30 days after

  5  such written notice is furnished to the insurer.  However,

  6  notwithstanding that written notice has been furnished to the

  7  insurer, any payment shall not be deemed overdue when the

  8  insurer has reasonable proof to establish that the insurer is

  9  not responsible for the payment. An insurer shall have an

10  additional 30 days after the date the claim would otherwise

11  have become overdue under this subsection to pay a claim the

12  insurer refers to the Department of Insurance for

13  investigation as a fraudulent insurance act as defined in s.

14  626.989, any other criminal act or practice under the code, or

15  insurance fraud under s. 817.234.  The insurer shall provide

16  the Department of Insurance with any information in support of

17  the referral and, except when the Department of Insurance

18  agrees that it would compromise the investigation, shall

19  notify the person submitting the claim that the claim has been

20  referred to the Department of Insurance for investigation,

21  notwithstanding that written notice has been furnished to the

22  insurer.  For the purpose of calculating the extent to which

23  any benefits are overdue, payment shall be treated as being

24  made on the date a draft or other valid instrument which is

25  equivalent to payment was placed in the United States mail in

26  a properly addressed, postpaid envelope or, if not so posted,

27  on the date of delivery. This paragraph shall not preclude or

28  limit the ability of the insurer to assert that the claim was

29  unrelated, not medically necessary, or unreasonable, including

30  as to amount. Such assertion by the insurer may be made at any

31  time, including after payment of the claim or after the 30-day

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  1  time period for payment set forth in this paragraph. However,

  2  the insurer shall not be entitled to recover any portion of a

  3  paid claim to the extent the claim was not fraudulent.

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

  5  the rate established by the Comptroller under s. 55.03, or the

  6  insurance contract, whichever is greater, for the year in

  7  which the payment became overdue, and for claims referred to

  8  the Department of Insurance for investigation under paragraph

  9  (b), calculated from the date the insurer was furnished with

10  written notice of the claim.  Interest shall be due at the

11  time payment of the overdue claim is made of 10 percent per

12  year.

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

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

15  or institution lawfully rendering treatment to an injured

16  person for a bodily injury covered by personal injury

17  protection insurance may charge only a reasonable amount for

18  the products, services, and supplies accommodations rendered,

19  and the insurer providing such coverage may pay for such

20  charges directly to such person or institution lawfully

21  rendering such treatment, if the insured receiving such

22  treatment or his or her guardian has countersigned the

23  invoice, bill, or claim form approved by the Department of

24  Insurance upon which such charges are to be paid for as having

25  actually been rendered, to the best knowledge of the insured

26  or his or her guardian.  In no event, however, may such a

27  charge be in excess of the amount the person or institution

28  customarily charges for like products, services, or supplies

29  accommodations in cases involving no insurance.

30         (b)1.  , provided that Charges for medically necessary

31  cephalic thermograms, and peripheral thermograms, spinal

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  1  ultrasounds, extremity ultrasounds, video fluoroscopy, surface

  2  electromyography, and nerve conduction testing, including

  3  motor and sensory nerves as well as F waves, H reflexes,

  4  somatosensory evoked potentials, and dermatomal studies, shall

  5  not exceed the maximum reimbursement allowance for such

  6  procedures as set forth in the applicable fee schedule or

  7  other payment methodology established pursuant to s. 440.13.

  8         2.  Charges for medically necessary magnetic resonance

  9  imaging service may not exceed 75 percent of the Ingenix

10  Customized Fee Analyzer for the zip code 330XX for Florida

11  year 2000 plus annual increases equal to the medical Consumer

12  Price Index for Florida. Procedures not reimbursed under the

13  Ingenix Customized Fee Analyzer for zip code 330XX shall not

14  be reimbursed for magnetic resonance imaging centers or

15  magnetic resonance imaging leasing companies in this state to

16  reduce costs and prevent fraud. This subparagraph shall not

17  apply to charges for magnetic resonance imaging services

18  billed and collected by facilities licensed under chapter 395.

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

20  than medical services billed by a hospital for services

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

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

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

24  charges for treatment or services rendered more than 30 days

25  before the postmark date of the statement, except for past due

26  amounts previously billed on a timely basis under this

27  paragraph, and except that, if the provider submits to the

28  insurer a notice of initiation of treatment within 21 days

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

30  statement may include charges for treatment or services

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

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

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

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

  4  with this paragraph. Any agreement requiring the injured

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

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

  7  rendered in a hospital emergency department or for transport

  8  and treatment rendered by an ambulance provider licensed

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

10  required to furnish the statement of charges within the time

11  periods established by this paragraph; and the insurer shall

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

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

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

15  copy thereof, which specifically identifies the place of

16  service to be a hospital emergency department or an ambulance

17  in accordance with billing standards recognized by the Health

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

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

20  no smaller than 12 points:

21         BILLING REQUIREMENTS.--Florida Statutes provide

22         that with respect to any treatment or services,

23         other than certain hospital and emergency

24         services, the statement of charges furnished to

25         the insurer by the provider may not include,

26         and the insurer and the injured party are not

27         required to pay, charges for treatment or

28         services rendered more than 30 days before the

29         postmark date of the statement, except for past

30         due amounts previously billed on a timely

31         basis, and except that, if the provider submits

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  1         to the insurer a notice of initiation of

  2         treatment within 21 days after its first

  3         examination or treatment of the claimant, the

  4         statement may include charges for treatment or

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

  6         days before the postmark date of the statement.

  7         (d)(c)  Every insurer shall include a provision in its

  8  policy for personal injury protection benefits for binding

  9  arbitration of any claims dispute involving medical benefits

10  arising between the insurer and any person providing medical

11  services or supplies if that person has agreed to accept

12  assignment of personal injury protection benefits. The

13  provision shall specify that the provisions of chapter 682

14  relating to arbitration shall apply.  The prevailing party

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

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

17  party shall be determined as follows:

18         1.  When the amount of personal injury protection

19  benefits determined by arbitration exceeds the sum of the

20  amount offered by the insurer at arbitration plus 50 percent

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

22  the claimant at arbitration and the amount offered by the

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

24         2.  When the amount of personal injury protection

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

26  amount offered by the insurer at arbitration plus 50 percent

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

28  the claimant at arbitration and the amount offered by the

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

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

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

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

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

  3  days prior to the arbitration.

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

  5  arbitration must include a statement specifically identifying

  6  the issues for arbitration for each examination or treatment

  7  in dispute. The other party must subsequently issue a

  8  statement specifying any other examinations or treatment and

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

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

11  arbitration, provided that arbitration shall be limited to

12  those identified issues and neither party may add additional

13  issues during arbitration.

14         (e)(d)  All statements and bills for medical services

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

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

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

18  other standard form approved by the department for purposes of

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

20  extent applicable, follow the Physicians' Current Procedural

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

22  No statement of medical services may include charges for

23  medical services of a person or entity that performed such

24  services without possessing the valid licenses required to

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

26  insurer shall not be considered to have been furnished with

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

28  unless the statements or bills comply with this paragraph.

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

30  REPORTS.--

31

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

  2  injured person covered by personal injury protection is

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

  4  future personal injury protection insurance benefits, such

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

  6  or physical examination by a physician or physicians.  The

  7  costs of any examinations requested by an insurer shall be

  8  borne entirely by the insurer. Such examination shall be

  9  conducted within the municipality where the insured is

10  receiving treatment, or in a location reasonably accessible to

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

12  location within the municipality in which the insured resides,

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

14  residence, provided such location is within the county in

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

16  conducted in a location reasonably accessible to the insured,

17  and if there is no qualified physician to conduct the

18  examination in a location reasonably accessible to the

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

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

21  protection insurers are authorized to include reasonable

22  provisions in personal injury protection insurance policies

23  for mental and physical examination of those claiming personal

24  injury protection insurance benefits. An insurer may not

25  withdraw payment of a treating physician without the consent

26  of the injured person covered by the personal injury

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

28  physician licensed under the same chapter as the treating

29  physician whose treatment authorization is sought to be

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

31  or medically necessary.

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  1         (8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S

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

  3  627.730-627.7405 between the insured and the insurer, or an

  4  assignee of an insured's rights and the insurer, the

  5  provisions of s. 627.428 shall apply, except as provided in

  6  subsection (11).

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

  8  providing personal injury protection benefits shall report the

  9  renewal, cancellation, or nonrenewal thereof to the Department

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

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

12  Upon the issuance of a policy providing personal injury

13  protection benefits to a named insured not previously insured

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

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

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

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

18  information as may be required by the Department of Highway

19  Safety and Motor Vehicles which shall include a format

20  compatible with the data processing capabilities of said

21  department, and the Department of Highway Safety and Motor

22  Vehicles is authorized to adopt rules necessary with respect

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

24  Department of Highway Safety and Motor Vehicles as required by

25  this subsection or rules adopted with respect to the

26  requirements of this subsection constitutes a violation of the

27  Florida Insurance Code. Reports of cancellations and policy

28  renewals and reports of the issuance of new policies received

29  by the Department of Highway Safety and Motor Vehicles are

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

31  These records are to be used for enforcement and regulatory

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  1  purposes only, including the generation by the department of

  2  data regarding compliance by owners of motor vehicles with

  3  financial responsibility coverage requirements. In addition,

  4  the Department of Highway Safety and Motor Vehicles shall

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

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

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

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

  9  covering the vehicle named by the requesting party.  The

10  written request must include a copy of the appropriate

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

12  316.068. Electronic access to the vehicle insurer information

13  maintained in the vehicle database of the Department of

14  Highway Safety and Motor Vehicles may be provided by an

15  approved third party provider to insurers, lawyers, and

16  financial institutions for subrogation and claims purposes

17  only.  The compilation of and retention of this information is

18  strictly prohibited.

19         (11)  PRESUIT NOTICE.--

20         (a)  As a condition precedent to filing any action for

21  an overdue claim for benefits under paragraph (4)(b), an

22  insured or an assignee of an insured's rights shall first

23  provide the insurer with written notice of an intent to

24  initiate litigation.

25         (b)  The notice required shall be on a form approved by

26  the department and shall state with specificity:

27         1.  The name of the insured upon which such benefits

28  are being sought.

29         2.  The claim number or policy number upon which such

30  claim was originally submitted to the insurer.

31

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  1         3.  The name of any medical provider who rendered the

  2  treatment, services, or supplies to an insured which forms the

  3  basis of such claim.

  4         (c)  Each notice required by this section shall be

  5  delivered to the insurer by United States certified or

  6  registered mail, return receipt requested, which postal costs

  7  shall be reimbursed by the insurer if so requested by the

  8  provider in the notice.  Each licensed insurer, whether

  9  domestic, foreign, or alien, shall file with the department

10  designation of the name and address of the person to whom

11  notices pursuant to this subsection shall be sent.  The name

12  and address on file with the department pursuant to s. 624.422

13  shall be deemed the authorized representative to accept notice

14  pursuant to this subsection in the event no other designation

15  has been made.

16         (d)  If, within 7 business days after receipt of notice

17  by the insurer, the overdue claim specified in the notice is

18  paid by the insurer together with applicable interest, no

19  action for nonpayment or late payment may be brought against

20  the insurer.  For purposes of this subsection, payment shall

21  be treated as being made on the date a draft or other valid

22  instrument which is equivalent to payment is placed in the

23  United States mail in a properly addressed, postpaid envelope,

24  or if not so posted, on the date of delivery. The insurer

25  shall not be obligated to pay any attorney's fees if the

26  insurer pays the claim within the time prescribed by this

27  subsection.

28         (e)  The applicable statute of limitation for an action

29  under this section shall be tolled for a period of 15 business

30  days by the mailing of the notice required by this subsection.

31

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  1         (f)  Any insurer making a general business practice of

  2  not paying claims until receipt of the notice required by this

  3  section is engaging in an unfair trade practice under the

  4  Insurance Code.

  5         (12)  CIVIL ACTION AGAINST PERSONS CONVICTED OF

  6  FRAUD.--An insurer shall have a cause of action against any

  7  person convicted of insurance fraud under s. 817.234, patient

  8  brokering under s. 817.505, or kickbacks under s. 456.054,

  9  associated with a claim for personal injury protection

10  benefits in accordance with s. 627.736.  An insurer prevailing

11  in an action brought under this subsection may recover

12  compensatory, consequential, and punitive damages subject to

13  the requirements and limitations of part II of chapter 768,

14  and attorney's fees and costs incurred in litigating a cause

15  of action against any person convicted of insurance fraud

16  under s. 817.234, patient brokering under s. 817.505, or

17  kickbacks under s. 456.054, associated with a claim for

18  personal injury protection benefits in accordance with s.

19  627.736.

20         Section 6.  Subsection (6) is added to section 627.739,

21  Florida Statutes, to read:

22         627.739  Personal injury protection; optional

23  limitations; deductibles.--

24         (6)  A provider who waives, fails to bill, or fails in

25  good faith to seek collection of a copayment or deductible

26  shall not charge in excess of the amount the person or

27  institution customarily charges for similar products,

28  services, or accommodations in cases in which the provider

29  does not waive, fail to bill, or fail in good faith to seek

30  collection of a copayment or deductible.  A provider who

31  agrees in advance of the initiation of treatment to waive,

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  1  fail to bill, or in good faith to seek collection of a

  2  copayment or deductible shall so notify the insurer at the

  3  time of submission of the claim.

  4         Section 7.  Subsection (8) of section 817.234, Florida

  5  Statutes, is amended to read:

  6         817.234  False and fraudulent insurance claims.--

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

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

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

10  or association, to solicit or cause to be solicited any

11  specific person involved in a motor vehicle crash by any means

12  of communication other than advertising directed to the

13  general public any business in or about city receiving

14  hospitals, city and county receiving hospitals, county

15  hospitals, justice courts, or municipal courts; in any public

16  institution; in any public place; upon any public street or

17  highway; in or about private hospitals, sanitariums, or any

18  private institution; or upon private property of any character

19  whatsoever for the purpose of making motor vehicle tort claims

20  or claims for personal injury protection benefits required by

21  s. 627.736. Charges for any services rendered by a health care

22  provider or attorney to a person solicited in violation of

23  this subsection are unlawful charges and are not compensable

24  under s. 627.736(12) and unenforceable as a matter of law.

25  Any person who violates the provisions of this subsection

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

27  in s. 775.082, s. 775.083, or s. 775.084.

28         Section 8.  Subsection (1) of section 324.021, Florida

29  Statutes, is amended to read:

30         324.021  Definitions; minimum insurance required.--The

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

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  1  for the purpose of this chapter, have the meanings

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

  3  instances where the context clearly indicates a different

  4  meaning:

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

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

  7  highway, including trailers and semitrailers designed for use

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

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

10  vehicle which is propelled by electric power obtained from

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

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

13  not include any motor vehicle as defined in s. 627.732(2)(1)

14  when the owner of such vehicle has complied with the

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

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

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

18         Section 9.  The Legislature hereby appropriates from

19  the registration fees collected from clinics pursuant to s.

20  456.0375, Florida Statutes, $100,000 and one-half of one

21  full-time equivalent position to the Department of Health for

22  the purposes of regulating medical clinics pursuant to s.

23  456.0375, Florida Statutes. The funds shall be deposited into

24  the Medical Quality Assurance Trust Fund.

25         Section 10.  Except as otherwise provided herein, this

26  act shall take effect upon becoming a law.

27

28

29

30

31

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