HOUSE AMENDMENT
Bill No. HB 1837 CS
   
1 CHAMBER ACTION
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Senate House
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12          Representative Ross offered the following:
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14          Amendment (with directory amendment)
15          Between line(s) 4138 & 4139, insert:
16          (15)(a) The department shall examine on an ongoing basis
17    claims files in accordance with s. 624.3161 and may impose fines
18    pursuant to s. 624.310(5) and this chapter in order to identify
19    questionable claims-handling techniques, questionable patterns
20    or practices of claims, or a pattern of repeated unreasonably
21    controverted claims by carriers, as defined in s. 440.02,
22    providing services to employees pursuant to this chapter. If the
23    department finds such questionable techniques, patterns, or
24    repeated unreasonably controverted claims as constitute a
25    general business practice of a carrier, as defined in s. 440.02,
26    the department shall take appropriate action so as to bring such
27    general business practices to a halt pursuant to s. 440.38(3) or
28    may impose penalties pursuant to s. 624.4211. The department may
29    initiate investigations of questionable techniques, patterns,
30    practices, or repeated unreasonably controverted claims. The
31    department may by rule establish forms and procedures for
32    corrective action plans and for auditing carriers.
33          (b) As to any examination, investigation, or hearing being
34    conducted under this chapter, the Insurance Commissioner or his
35    or her designee:
36          1. May administer oaths, examine and cross-examine
37    witnesses, receive oral and documentary evidence; and
38          2. Shall have the power to subpoena witnesses, compel
39    their attendance and testimony, and require by subpoena the
40    production of books, papers, records, files, correspondence,
41    documents, or other evidence which is relevant to the inquiry.
42          (c) If any person refuses to comply with any such subpoena
43    or to testify as to any matter concerning which she or he may be
44    lawfully interrogated, the Circuit Court of Leon County or of
45    the county wherein such examination, investigation, or hearing
46    is being conducted, or of the county wherein such person
47    resides, may, on the application of the department, issue an
48    order requiring such person to comply with the subpoena and to
49    testify.
50          (d) Subpoenas shall be served, and proof of such service
51    made, in the same manner as if issued by a circuit court.
52    Witness fees, costs, and reasonable travel expenses, if claimed,
53    shall be allowed the same as for testimony in a circuit court.
54          (e)The department shall publish annually a report which
55    indicates the promptness of first payment of compensation
56    records of each carrier or self-insurer so as to focus attention
57    on those carriers or self-insurers with poor payment records for
58    the preceding year. The department shall take appropriate steps
59    so as to cause such poor carrier payment practices to halt
60    pursuant to s. 440.38(3). In addition, the department shall take
61    appropriate action so as to halt such poor payment practices of
62    self-insurers. "Poor payment practice" means a practice of late
63    payment sufficient to constitute a general business practice.
64          (f) The department shall promulgate rules providing
65    guidelines to carriers, as defined in s. 440.02, self-insurers,
66    and employers to indicate behavior that may be construed as
67    questionable claims-handling techniques, questionable patterns
68    of claims, repeated unreasonably controverted claims, or poor
69    payment practices.
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71    ============= D I R E C T O R Y A M E N D M E N T =============
72          Remove line(s) 3967 & 3968, and insert:
73          Section 24. Subsections (2), (3), (4), (6), and (8),
74    paragraph (d) of subsection (11), and subsection (15) of section
75    440.20, Florida
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