SENATE AMENDMENT
    Bill No. CS for SB 1362
    Amendment No. ___   Barcode 292706
                            CHAMBER ACTION
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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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    6:59 PM   03/21/02                              s1362c1c-29j17

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 2 6:59 PM 03/21/02 s1362c1c-29j17
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 3 6:59 PM 03/21/02 s1362c1c-29j17
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. 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 On page 8, lines 27-28, delete those lines 10 11 and insert: 12 provisions governing discovery; providing an 13 effective date. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 6:59 PM 03/21/02 s1362c1c-29j17