HOUSE AMENDMENT Bill No. HB 1837 CS
1	CHAMBER ACTION
2	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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