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