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 and title amendments)
15	Remove line(s) 3849-3886, and insert:
16	Section 21. Section 440.185, Florida Statutes, is amended
17	to read:
18	440.185 Notice of injury or death; medical bills;reports;
19	penalties for violations.--
20	(1) An employee who suffers an injury arising out of and
21	in the course of employment shall advise his or her employer of
22	the injury within 30 days after the date of or initial
23	manifestation of the injury. Failure to so advise the employer
24	shall bar a petition under this chapter unless:
25	(a) The employer or the employer's agent had actual
26	knowledge of the injury;
27	(b) The cause of the injury could not be identified
28	without a medical opinion and the employee advised the employer
29	within 30 days after obtaining a medical opinion indicating that
30	the injury arose out of and in the course of employment;
31	(c) The employer did not put its employees on notice of
32	the requirements of this section by posting notice pursuant to
33	s. 440.055; or
34	(d) Exceptional circumstances, outside the scope of
35	paragraph (a) or paragraph (b) justify such failure.
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37	In the event of death arising out of and in the course of
38	employment, the requirements of this subsection shall be
39	satisfied by the employee's agent or estate. Documents prepared
40	by counsel in connection with litigation, including,but not
41	limited to,notices of appearance, petitions, motions, or
42	complaints, shall not constitute notice for purposes of this
43	section.
44	(2)(a)Within 7 days after actual knowledge of injury or
45	death, the employer shall report such injury or death to its
46	carrier, in a format prescribed by the department, and shall
47	provide a copy of such report to the employee or the employee's
48	estate. The report of injury shall contain the following
49	information:
50	1.(a)The name, address, and business of the employer;
51	2.(b)The name, social security number, street, mailing
52	address, telephone number, and occupation of the employee;
53	3.(c)The cause and nature of the injury or death;
54	4.(d)The year, month, day, and hour when, and the
55	particular locality where, the injury or death occurred; and
56	5.(e) Such other information as the department may require
57	by rule.
58	(b) The department shall provide by rule for a carrier
59	reporting system to identify the types of indemnity claims for
60	which the carrier shall file first report of injury or death
61	information with the department and time periods for reporting.
62	The carrier shall, within 14 days after the employer's receipt
63	of the form reporting the injury, file the information required
64	by this subsection with the department.
65	(c)However, the department may by rule provide for a
66	different reporting system for those types of injuries which it
67	determines should be reported in a different manner and for
68	those cases which involve minor injuries requiring professional
69	medical attention in which the employee does not lose more than
70	7 days of work as a result of the injury and is able to return
71	to the job immediately after treatment and resume regular work.
72	(3) In addition to the requirements of subsection (2), the
73	employer shall notify the department and the carrierwithin 24
74	hours by telephone, facsimile, or electronicallytelegraphof
75	any injury resulting in death. However, this special notice
76	shall not be required when death results subsequent to the
77	submission to the department and the carrierof a previous
78	report of the injury pursuant to subsection (2).
79	(4) Within 3 days after the employer or the employee
80	informs the carrier of an injury the carrier shall mail to the
81	injured worker an informational brochure approved by the
82	department which sets forth in clear and understandable language
83	an explanation of the rights, benefits, procedures for obtaining
84	benefits and assistance, criminal penalties, and obligations of
85	injured workers and their employers under the Florida Workers'
86	Compensation Law. Annually, the carrier or its third-party
87	administrator shall mail to the employer an informational
88	brochure approved by the department which sets forth in clear
89	and understandable language an explanation of the rights,
90	benefits, procedures for obtaining benefits and assistance,
91	criminal penalties, and obligations of injured workers and their
92	employers under the Florida Workers' Compensation Law. All such
93	informational brochures shall contain a notice that clearly
94	states in substance the following: "Any person who, knowingly
95	and with intent to injure, defraud, or deceive any employer or
96	employee, insurance company, or self-insured program, files a
97	statement of claim containing any false or misleading
98	information commits a felony of the third degree."
99	(5)(a) Within 30 calendar days after the date the bill was
100	paid, the carrier shall provide to the department, in a format
101	and in the means prescribed by the department by rule, each paid
102	medical, dental, and hospital bill received from a health care
103	provider or facility, the employer, or the employee with regard
104	to the treatment, care, and attendance of the injured employee,
105	including any bill for examination, diagnosis, or disability
106	evaluation.
107	(b) The department may require additional reports from the
108	carrier, employer, employee, or health care provider or
109	facility, in a format prescribed by the department and in a
110	manner and time prescribed by rule, with regardrespect to an
111	employee'ssuch injury or claimand of the condition of such
112	employee, including copies of medical reports on initial
113	payment, funeral expenses, claim costs, changes in claim data,
114	denials, and wage statements, shall be filed by the employer or
115	carrier to the department at such times and in such manner as
116	the department may prescribe by rule.
117	(c)In carrying out its responsibilities under this
118	chapter, The department or agency may by rule require from the
119	carrier, employer, employee, or health care provider or
120	facility, the provision of information and documentation in
121	response to a request for information with regard to the
122	employee’s injury or claim, including copies ofprovide for the
123	obtaining of any medical reports andrecords relating to medical
124	treatment provided pursuant to this chapter, notwithstanding the
125	provisions of ss. 90.503 and 395.3025(4).
126	(d) Failure to respond to requests for information in the
127	manner and time prescribed by department rule shall subject the
128	carrier, employer, employee, or health care provider or facility
129	to an administrative penalty not to exceed $100 per failure to
130	respond.
131	(6) In the absence of a stipulation by the parties,
132	reports provided for in subsection (2), subsection (4), or
133	subsection (5) shall not be evidence of any fact stated in such
134	report in any proceeding relating thereto, except for medical
135	reports which, if otherwise qualified, may be admitted at the
136	discretion of the judge of compensation claims.
137	(7) Every insurercarriershall file with the department
138	within 3021 days after the following: effectuationissuance of
139	coverage, the effective date of a policy reinstatement, or
140	policy endorsement,a policy or contract of insurance such
141	policy information as the department requires, by rule,
142	including notice ofwhether the policy is a minimum premium
143	policy. The department may require by rule that the insurer
144	identify large deductible policies. Information regarding a
145	notice of cancellation, notice of nonrenewal,or expiration of a
146	policy pursuant toas set out in s. 440.42(3) shall be filed
147	withmailed tothe department in accordance with rules adopted
148	by the department under chapter 120. Third-party vendors that
149	submitThe department may contract with a private entity for the
150	collection of policy information required to be filed by
151	insurerscarriers under this subsection,and the receipt of
152	notices of cancellation,notices of nonrenewal,or expiration of
153	a policy required to be filed by insurerscarriersunder s.
154	440.42(3) shall be approved by the department. The insurer shall
155	notify the department if the insurer’s third-party vendor for
156	the submission of policy information has changed or the
157	insurer’s third-party vendor status has changed in accordance
158	with the means and timeframe set forth in department rule. The
159	submission by a third-party vendor of information required to be
160	filed by an insurer shall not alter the time requirements set
161	forth in this chapter or department rule. The timely filing of
162	required information shall be determined by the date the
163	department receives the required information either directly
164	from the insurer or from the third-party vendor.The submission
165	of policy information or notices of cancellation or expiration
166	to the contracted private entity satisfies the filing
167	requirements of this subsection and s. 440.42(3).
168	(8)(a)When a claimant, employer, or carrier has the
169	right, or is required, to submitmaila report or notice with
170	required copies within the times prescribed in subsection (2),
171	subsection (4), or subsection (5), submission of paper documents
172	must be completed and shall be in compliance with the rules
173	adopted by the department and shall be deemed timely filedsuch
174	mailing will be completed and in compliance with this section if
175	it ispostmarked and mailed prepaid to the appropriate recipient
176	prior to the expiration of the time periods prescribed in this
177	section.
178	(b) Submission of information in department-approved
179	electronic format shall be completed and deemed timely filed if
180	the electronic transaction is acknowledged by the department as
181	having passed edits in accordance with rules adopted by the
182	department and is sent within the timeframes set forth in this
183	chapter and department rule.
184	(c) Submission by a third-party vendor of information
185	required to be filed by an insurer shall not alter the time
186	requirements set forth in law or department rule.
187	(9)(a) For each electronic transaction,Any employer or
188	carrier who fails or refuses to timely send any form, report,
189	bill, or notice, other than the first report of injury,required
190	by this section to be filed with the department, the department
191	shall impose an administrativebe subject to a civil penalty not
192	to exceed $500 for each such failure to timely file with the
193	department in accordance with this chapter and department rule
194	or refusal.
195	(b) For every first report of injury required under
196	subsection (2), the department shall impose an administrative
197	penalty for failure to file the first report of injury in
198	accordance with this section and department rule.
199	(c)However, any employer who fails to notify the carrier
200	of the injury on the prescribed form or by letter within the 7
201	days required in subsection (2) shall be liable for the civil
202	penalty, which shall be paid by the employer and not the
203	carrier. Failure by the employer to meet its obligations under
204	subsection (2) shall not relieve the carrier from liability for
205	the civil penalty if it fails to comply with subsections (4),
206	and (5) and (8) and department rule.
207	(10) The department may by rule prescribe forms and
208	procedures governing the submission of the change in claims
209	administration report and the risk class code and standard
210	industry code report for all lost time and denied lost-time
211	cases. The department may by rule define terms that are
212	necessary for the effective administration of this section.
213	(11) Any information in a report of injury or illness
214	filed pursuant to this section that would identify an ill or
215	injured employee is confidential and exempt from the provisions
216	of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
217	This subsection is subject to the Open Government Sunset Review
218	Act of 1995 in accordance with s. 119.15, and shall stand
219	repealed on October 2, 2003, unless reviewed and saved from
220	repeal through reenactment by the Legislature.
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222	================= T I T L E A M E N D M E N T =================
223	Remove line(s) 67-69, and insert:
224	paid as compensation for death; amending s. 440.185, F.S.;
225	revising provisions relating to notice of injury or death;
226	clarifying reporting requirements; providing penalties for
227	noncompliance with specified filing requirements;