House Bill hb0797

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




    Florida House of Representatives - 2001                 HB 797

        By Representatives Harrell, Melvin, Romeo, Sobel,
    Littlefield, Negron, Kallinger, Fiorentino and Murman





  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         627.736, F.S.; modifying time period for

  4         providers of certain medical services under

  5         personal injury protection coverage to provide

  6         an insurer with a statement of charges;

  7         providing an effective date.

  8

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

10

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

12  627.736, Florida Statutes, is amended to read:

13         627.736  Required personal injury protection benefits;

14  exclusions; priority; claims.--

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

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

17  than medical services billed by a hospital for services

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

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

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

21  charges for treatment or services submitted rendered more than

22  60 30 days after the provider first becomes aware that the

23  patient has personal injury protection coverage or files for

24  personal injury protection as secondary coverage to other

25  insurance before the postmark date of the statement, except

26  for past due amounts previously billed on a timely basis under

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

28  the 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

                                  1

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






    Florida House of Representatives - 2001                 HB 797

    767-105A-01






  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 (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 submitted rendered more than 60 30

29         days after the provider first becomes aware

30         that the patient has personal injury protection

31         coverage or files for personal injury

                                  2

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






    Florida House of Representatives - 2001                 HB 797

    767-105A-01






  1         protection as secondary coverage to other

  2         insurance before the postmark date of the

  3         statement, except for past due amounts

  4         previously billed on a timely basis, and except

  5         that, if the provider submits to the insurer a

  6         notice of initiation of treatment within 21

  7         days after its first examination or treatment

  8         of the claimant, the statement may include

  9         charges for treatment or services rendered up

10         to, but not more than, 60 days before the

11         postmark date of the statement.

12         Section 2.  This act shall take effect upon becoming a

13  law.

14

15            *****************************************

16                          SENATE SUMMARY

17    Provides that a provider of medical services under
      personal injury protection coverage, other than medical
18    services provided by a hospital or hospital-owned
      facility, must submit a statement of services to the
19    insurer not more than 60 days after the provider first
      becomes aware that the patient has personal injury
20    protection coverage or files for personal injury
      protection as secondary coverage to other insurance.
21    Requires that such information be included in a notice of
      insured's rights under s. 627.7401, F.S.
22

23

24

25

26

27

28

29

30

31

                                  3

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