CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Gottlieb offered the following:
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13 Amendment (with title amendment)
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16 and insert:
17 Section 1. Paragraph (b) of subsection (6) of section
18 627.736, Florida Statutes, is amended to read:
19 627.736 Required personal injury protection benefits;
20 exclusions; priority; claims.--
21 (6) DISCOVERY OF FACTS ABOUT AN INJURED PERSON;
22 DISPUTES.--
23 (b) Every physician, hospital, clinic, or other
24 medical institution providing, before or after bodily injury
25 upon which a claim for personal injury protection insurance
26 benefits is based, any products, services, or accommodations
27 in relation to that or any other injury, or in relation to a
28 condition claimed to be connected with that or any other
29 injury, shall, if requested to do so by the insurer against
30 whom the claim has been made, furnish forthwith a written
31 report of the history, condition, treatment, dates, and costs
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HOUSE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ (for drafter's use only)
1 of such treatment of the injured person and why the items
2 identified by the insurer were reasonable in amount and
3 medically necessary, together with a sworn statement that the
4 treatment or services rendered were reasonable and necessary
5 with respect to the bodily injury sustained and identifying
6 which portion of the expenses for such treatment or services
7 was incurred as a result of such bodily injury, and produce
8 forthwith, and permit the inspection and copying of, his or
9 her or its records regarding such history, condition,
10 treatment, dates, and costs of treatment; provided that this
11 shall not limit the introduction of evidence at trial. Such
12 sworn statement shall read as follows: "Under penalty of
13 perjury, I declare that I have read the foregoing, and the
14 facts alleged are true, to the best of my knowledge and
15 belief." No cause of action for violation of the
16 physician-patient privilege or invasion of the right of
17 privacy shall be permitted against any physician, hospital,
18 clinic, or other medical institution complying with the
19 provisions of this section. The person requesting such records
20 and such sworn statement shall pay all reasonable costs
21 connected therewith. If an insurer makes a written request for
22 documentation or information under this paragraph within 30
23 days after having received notice of the amount of a covered
24 loss under paragraph (4)(a), the amount or the partial amount
25 which is the subject of the insurer's inquiry shall become
26 overdue if the insurer does not pay in accordance with
27 paragraph (4)(b) or within 10 days after the insurer's receipt
28 of the requested documentation or information, whichever
29 occurs later. For purposes of this paragraph, the term
30 "receipt" includes, but is not limited to, inspection and
31 copying pursuant to this paragraph. Any insurer that requests
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HOUSE AMENDMENT
Bill No. CS for SB 1362
Amendment No. ___ (for drafter's use only)
1 documentation or information pertaining to reasonableness of
2 charges or medical necessity under this paragraph without a
3 reasonable basis for such requests as a general business
4 practice is engaging in an unfair trade practice under the
5 insurance code.
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9 And the title is amended as follows:
10 On page 1, line 2, after the semicolon
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12 insert:
13 amending s. 627.736, F.S.; removing language
14 with respect to the prohibition of a cause of
15 action for violation of the physician-patient
16 privilege of invasion of the right of privacy
17 under certain circumstances;
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File original & 9 copies 03/19/02
hbd0001 03:59 pm 01362-0101-491337