SENATE AMENDMENT
    Bill No. CS/HB 393, 1st Eng.
    Amendment No. ___   Barcode 714538
                            CHAMBER ACTION
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11  Senator Geller moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 5, line 14, through
15            page 8, line 2, delete those lines
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17  and insert:  
18         Section 4.  Subsection (7) of section 627.736, Florida
19  Statutes, is amended to read:
20         627.736  Required personal injury protection benefits;
21  exclusions; priority; claims.--
22         (7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
23  REPORTS.--
24         (a)  Whenever the mental or physical condition of an
25  injured person covered by personal injury protection is
26  material to any claim that has been or may be made for past or
27  future personal injury protection insurance benefits, such
28  person shall, upon the request of an insurer, submit to mental
29  or physical examination by a physician or physicians.  The
30  costs of any examinations requested by an insurer shall be
31  borne entirely by the insurer. Such examination shall be
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    5:01 PM   03/22/02                              h0393c1c-29ru8

SENATE AMENDMENT Bill No. CS/HB 393, 1st Eng. Amendment No. ___ Barcode 714538 1 conducted within the municipality where the insured is 2 receiving treatment, or in a location reasonably accessible to 3 the insured, which, for purposes of this paragraph, means any 4 location within the municipality in which the insured resides, 5 or any location within 10 miles by road of the insured's 6 residence, provided such location is within the county in 7 which the insured resides. If the examination is to be 8 conducted in a location reasonably accessible to the insured, 9 and if there is no qualified physician to conduct the 10 examination in a location reasonably accessible to the 11 insured, then such examination shall be conducted in an area 12 of the closest proximity to the insured's residence. Personal 13 protection insurers are authorized to include reasonable 14 provisions in personal injury protection insurance policies 15 for mental and physical examination of those claiming personal 16 injury protection insurance benefits. An insurer may not 17 withdraw payment of a treating physician without the consent 18 of the injured person covered by the personal injury 19 protection, unless the insurer first obtains a valid report by 20 a physician licensed under the same chapter as the treating 21 physician whose treatment authorization is sought to be 22 withdrawn, stating that treatment was not reasonable, related, 23 or necessary. A valid report is one that is prepared and 24 signed by the physician examining the injured person or 25 reviewing the treatment records of the injured person and is 26 factually supported by the examination and treatment records 27 if reviewed and that has not been modified by anyone other 28 than the physician. The physician preparing the report must be 29 in active practice, unless the physician is physically 30 disabled. Active practice means that during the 3 years 31 immediately preceding the date of the physical examination or 2 5:01 PM 03/22/02 h0393c1c-29ru8
SENATE AMENDMENT Bill No. CS/HB 393, 1st Eng. Amendment No. ___ Barcode 714538 1 review of the treatment records the physician must have 2 devoted professional time to the active clinical practice of 3 evaluation, diagnosis, or treatment of medical conditions or 4 to the instruction of students in an accredited health 5 professional school or accredited residency program or a 6 clinical research program that is affiliated with an 7 accredited health professional school or teaching hospital or 8 accredited residency program. The reviewing physician must 9 comply with the requirements of Rule 1.280, Florida Rules of 10 Civil Procedure, in order for his or her opinion to form the 11 basis for any claim denial. 12 13 14 ================ T I T L E A M E N D M E N T =============== 15 And the title is amended as follows: 16 On page 1, lines 11-13, delete those lines 17 18 and insert: 19 F.S.; revising provisions governing mental and 20 physical examinations; providing an effective 21 date. 22 23 24 25 26 27 28 29 30 31 3 5:01 PM 03/22/02 h0393c1c-29ru8