SENATE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ Barcode 292706
CHAMBER ACTION
Senate House
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11 Senator Geller moved the following amendment to House
12 amendment (803811):
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14 Senate Amendment (with title amendment)
15 On page 5, line 15, through
16 page 8, line 4, delete those lines
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18 and insert:
19 Section 4. Subsection (6) of section 627.736, Florida
20 Statutes, is amended to read:
21 627.736 Required personal injury protection benefits;
22 exclusions; priority; claims.--
23 (6) DISCOVERY OF FACTS ABOUT AN INJURED PERSON;
24 DISPUTES.--
25 (a) Every employer shall, if a request is made by an
26 insurer providing personal injury protection benefits under
27 ss. 627.730-627.7405 against whom a claim has been made,
28 furnish forthwith, in a form approved by the department, a
29 sworn statement of the earnings, since the time of the bodily
30 injury and for a reasonable period before the injury, of the
31 person upon whose injury the claim is based.
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SENATE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ Barcode 292706
1 (b) Every physician, hospital, clinic, or other
2 medical institution providing, before or after bodily injury
3 upon which a claim for personal injury protection insurance
4 benefits is based, any products, services, or accommodations
5 in relation to that or any other injury, or in relation to a
6 condition claimed to be connected with that or any other
7 injury, shall, if requested to do so by the insurer against
8 whom the claim has been made, furnish forthwith a written
9 report of the history, condition, treatment, dates, and costs
10 of such treatment of the injured person and why the items
11 identified by the insurer were reasonable in amount and
12 medically necessary, together with a sworn statement that the
13 treatment or services rendered were reasonable and necessary
14 with respect to the bodily injury sustained and identifying
15 which portion of the expenses for such treatment or services
16 was incurred as a result of such bodily injury, and produce
17 forthwith, and permit the inspection and copying of, his or
18 her or its records regarding such history, condition,
19 treatment, dates, and costs of treatment; provided that this
20 shall not limit the introduction of evidence at trial. Such
21 sworn statement shall read as follows: "Under penalty of
22 perjury, I declare that I have read the foregoing, and the
23 facts alleged are true, to the best of my knowledge and
24 belief." No cause of action for violation of the
25 physician-patient privilege or invasion of the right of
26 privacy shall be permitted against any physician, hospital,
27 clinic, or other medical institution complying with the
28 provisions of this section. The person requesting such records
29 and such sworn statement shall pay all reasonable costs
30 connected therewith. If an insurer makes a written request for
31 documentation or information under this paragraph within 30
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SENATE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ Barcode 292706
1 days after having received notice of the amount of a covered
2 loss under paragraph (4)(a), the amount or the partial amount
3 which is the subject of the insurer's inquiry shall become
4 overdue if the insurer does not pay in accordance with
5 paragraph (4)(b) or within 10 days after the insurer's receipt
6 of the requested documentation or information, whichever
7 occurs later. For purposes of this paragraph, the term
8 "receipt" includes, but is not limited to, inspection and
9 copying pursuant to this paragraph. Any insurer that requests
10 documentation or information pertaining to reasonableness of
11 charges or medical necessity under this paragraph without a
12 reasonable basis for such requests as a general business
13 practice is engaging in an unfair trade practice under the
14 insurance code.
15 (c) In the event of any dispute regarding an insurer's
16 right to discovery of facts about an injured person's earnings
17 or about his or her history, condition, or treatment, or the
18 dates and costs of such treatment, the insurer may petition a
19 court of competent jurisdiction to enter an order permitting
20 such discovery. The order may be made only on motion for good
21 cause shown and upon notice to all persons having an interest,
22 and it shall specify the time, place, manner, conditions, and
23 scope of the discovery. Such court may, in order to protect
24 against annoyance, embarrassment, or oppression, as justice
25 requires, enter an order refusing discovery or specifying
26 conditions of discovery and may order payments of costs and
27 expenses of the proceeding, including reasonable fees for the
28 appearance of attorneys at the proceedings, as justice
29 requires.
30 (d) The injured person shall be furnished, upon
31 request, a copy of all information obtained by the insurer
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SENATE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ Barcode 292706
1 under the provisions of this section, and shall pay a
2 reasonable charge, if required by the insurer.
3 (e) Notice to an insurer of the existence of a claim
4 shall not be unreasonably withheld by an insured.
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8 And the title is amended as follows:
9 On page 8, lines 27-28, delete those lines
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11 and insert:
12 provisions governing discovery; providing an
13 effective date.
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