SENATE AMENDMENT
    Bill No. CS for CS for SB 1202
    Amendment No. ___   Barcode 833848
                            CHAMBER ACTION
              Senate                               House
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       05/01/2003 11:11 AM         .                    
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11  Senator Cowin moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 38, line 25, through
15            page 45, line 18, delete those lines
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17  and insert:  
18         (5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--
19         (a)  Any physician, hospital, clinic, or other person
20  or institution lawfully rendering treatment to an injured
21  person for a bodily injury covered by personal injury
22  protection insurance may charge only a reasonable amount for
23  the services and supplies rendered, and the insurer providing
24  such coverage may pay for such charges directly to such person
25  or institution lawfully rendering such treatment, if the
26  insured receiving such treatment or his or her guardian has
27  countersigned the invoice, bill, or claim form approved by the
28  Department of Insurance upon which such charges are to be paid
29  for as having actually been rendered, to the best knowledge of
30  the insured or his or her guardian. In no event, however, may
31  such a charge be in excess of the amount the person or
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    6:13 PM   04/25/03                              s1202c2c-20j01

SENATE AMENDMENT Bill No. CS for CS for SB 1202 Amendment No. ___ Barcode 833848 1 institution customarily charges for like services or supplies 2 in cases involving no insurance. 3 (b)1. An insurer or insured is not required to pay a 4 claim made by a broker or by a person making a claim on behalf 5 of a broker. 6 2. Charges for medically necessary cephalic 7 thermograms, peripheral thermograms, spinal ultrasounds, 8 extremity ultrasounds, video fluoroscopy, and surface 9 electromyography shall not exceed the maximum reimbursement 10 allowance for such procedures as set forth in the applicable 11 fee schedule or other payment methodology established pursuant 12 to s. 440.13. 13 3. Allowable amounts that may be charged to a personal 14 injury protection insurance insurer and insured for medically 15 necessary nerve conduction testing when done in conjunction 16 with a needle electromyography procedure and both are 17 performed and billed solely by a physician licensed under 18 chapter 458, chapter 459, chapter 460, or chapter 461 who is 19 also certified by the American Board of Electrodiagnostic 20 Medicine or by a board recognized by the American Board of 21 Medical Specialties or the American Osteopathic Association or 22 who holds diplomate status with the American Chiropractic 23 Neurology Board or its predecessors shall not exceed 200 24 percent of the allowable amount under Medicare Part B for year 25 2001, for the area in which the treatment was rendered, 26 adjusted annually by an additional amount equal to the medical 27 Consumer Price Index for Florida. 28 4. Allowable amounts that may be charged to a personal 29 injury protection insurance insurer and insured for medically 30 necessary nerve conduction testing that does not meet the 31 requirements of subparagraph 3. shall not exceed the 2 6:13 PM 04/25/03 s1202c2c-20j01
SENATE AMENDMENT Bill No. CS for CS for SB 1202 Amendment No. ___ Barcode 833848 1 applicable fee schedule or other payment methodology 2 established pursuant to s. 440.13. 3 5. Effective upon this act becoming a law and before 4 November 1, 2001, allowable amounts that may be charged to a 5 personal injury protection insurance insurer and insured for 6 magnetic resonance imaging services shall not exceed 200 7 percent of the allowable amount under Medicare Part B for year 8 2001, for the area in which the treatment was rendered. 9 Beginning November 1, 2001, allowable amounts that may be 10 charged to a personal injury protection insurance insurer and 11 insured for magnetic resonance imaging services shall not 12 exceed 175 percent of the allowable amount under Medicare Part 13 B for year 2001, for the area in which the treatment was 14 rendered, adjusted annually by an additional amount equal to 15 the medical Consumer Price Index for Florida, except that 16 allowable amounts that may be charged to a personal injury 17 protection insurance insurer and insured for magnetic 18 resonance imaging services provided in facilities accredited 19 by the American College of Radiology or the Joint Commission 20 on Accreditation of Healthcare Organizations shall not exceed 21 200 percent of the allowable amount under Medicare Part B for 22 year 2001, for the area in which the treatment was rendered, 23 adjusted annually by an additional amount equal to the medical 24 Consumer Price Index for Florida. This paragraph does not 25 apply to charges for magnetic resonance imaging services and 26 nerve conduction testing for inpatients and emergency services 27 and care as defined in chapter 395 rendered by facilities 28 licensed under chapter 395. 29 (c) The Department of Health, in consultation with the 30 appropriate professional licensing boards, shall adopt, by 31 rule, a list of diagnostic tests deemed not be medically 3 6:13 PM 04/25/03 s1202c2c-20j01
SENATE AMENDMENT Bill No. CS for CS for SB 1202 Amendment No. ___ Barcode 833848 1 necessary for use in the treatment of persons sustaining 2 bodily injury covered by personal injury protection benefits 3 under this section. The initial list shall be adopted by 4 January 1, 2004, and shall be revised from time to time as 5 determined by the Department of Health, in consultation with 6 the respective professional licensing boards. Inclusion of a 7 test on the list of invalid diagnostic tests shall be based on 8 lack of demonstrated medical value and a level of general 9 acceptance by the relevant provider community and shall not be 10 dependent for results entirely upon subjective patient 11 response. Notwithstanding its inclusion on a fee schedule in 12 this subsection, an insurer or insured is not required to pay 13 any charges or reimburse claims for any invalid diagnostic 14 test as determined by the Department of Health. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 On page 2, lines 17-19, delete those lines 20 21 and insert: 22 tests; deleting certain provisions 23 24 25 26 27 28 29 30 31 4 6:13 PM 04/25/03 s1202c2c-20j01