HOUSE AMENDMENT Bill No. HB 25A
1	CHAMBER ACTION
2	Senate House
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12	Representative Ambler offered the following:
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14	Substitute Amendment for Amendment (953847) (with title
15	amendment)
16	Between lines 4900 and 4901, insert:
17	Section 33. Section 440.70, Florida Statutes, is created
18	to read:
19	440.70 Coverage from other insurance
20	policies.--Notwithstanding any other provision of this chapter,
21	so long as an employer provides both health insurance and long-
22	term disability insurance to its employees:
23	(1) The employer shall not provide workers' compensation
24	insurance only for accidents occurring as the result of
25	negligence on the part of the employer. However, the tort
26	immunities that would otherwise apply to the employer under this
27	chapter if workers' compensation coverage were in force shall
28	equally apply if the employer provides the substitute coverage
29	as set forth in this section.
30	(2) For the purposes of wage replacement benefits under an
31	employer-provided disability income policy, the employee shall
32	not be considered disabled to the extent that he or she can
33	return to work unless:
34	(a) The employee has obtained a signed statement from a
35	health care professional, licensed under chapter 458, chapter
36	459, or chapter 460, stating the nature of the disability and
37	that, in his or her medical judgment, considering the
38	requirements of the employee’s job duties, the employee should
39	not return to work; and
40	(b) The duration of such disability is at least 7 days or
41	longer.
42	(3)(a) An employer may require the employee to submit to a
43	followup medical examination at least once every 15 days by
44	another health care professional licensed under chapter 458,
45	chapter 459, or chapter 460. The subsequent examining
46	professional may or may not be in the same medical specialty as
47	the initial professional who certified the employee’s disability
48	status.
49	(b) An employer can require the employee to be seen by an
50	occupational disability physician or psychiatrist certified by
51	the Florida Board of Workers' Compensation or the American Board
52	of Disability Evaluating Physicians for a comprehensive
53	occupational disability assessment if the employee’s disability
54	has prevented a return to work for 60 or more consecutive days.
55	(c) Medical examinations required by this section shall be
56	paid for by the employee’s health insurance provider, subject to
57	the terms of the employee’s health insurance policy, and any
58	copayment or deductible shall be paid for by the employer if the
59	employer is requesting the examination or by the employee if the
60	employee is requesting the examination.
61	(4) Health-related benefits to which an employee is
62	entitled arising out of an accident or job-related illness under
63	this chapter shall be paid for by the employee’s health
64	insurance provider, subject to the terms of the employee’s
65	health insurance policy.
66	(5) Permanent impairment benefits and temporary partial
67	disability benefits to which an employee is entitled arising out
68	of an accident under this chapter shall be paid for by the
69	employee’s disability income insurance provider, subject to the
70	terms of the employee’s long-term disability insurance policy.
71	(6) Any benefits to which the employee is otherwise
72	entitled under this chapter that exceed the available coverage
73	of either the employee’s health insurance policy or long-term
74	disability policy shall be provided by the employer directly or
75	through a supplemental insurance policy.
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77	================= T I T L E A M E N D M E N T =================
78	Remove line 89, and insert:
79	Financial Services, if requested; creating s. 440.70, F.S.;
80	exempting employers who provide health insurance and long-term
81	disability insurance; providing for coverage of workers’
82	compensation benefits from such insurance sources; providing
83	alternative requirements; requiring supplemental insurance
84	coverage for certain benefits under certain circumstances;
85	amending s. 627.162,
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