HOUSE AMENDMENT |
Bill No. HB 25A |
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CHAMBER ACTION |
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Representative Seiler offered the following: |
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Amendment (with directory and title amendments) |
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Remove line(s) 3929-3944, and insert: |
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Section 22. Section 440.191, Florida Statutes, is amended |
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to read:
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(Substantial rewording of section. See s. 440.191, |
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F.S. for present text.)
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440.191 Early Intervention Office.--The Early Intervention |
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Office is created within the department in order to facilitate |
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the self-executing features of the workers’ compensation law and |
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to conduct early intervention programs.
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(1) The primary responsibility of the Early Intervention |
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Office is to provide information to education employees, |
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employers, carriers and health care providers about their |
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rights, responsibilities and obligations under this chapter and |
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to facilitate the avoidance or resolution of disagreements as |
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provided in this section.
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(2) Upon receiving a notice of injury that results in a |
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lost-time case, or upon obtaining by any other means knowledge |
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that a lost-time case has occurred, the Early Intervention |
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Office shall initiate contact with the injured employer by mail |
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or telephone to provide information concerning his or her |
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rights, responsibilities and obligations, unless a petition for |
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benefits has been filed for that date of accident. The Early |
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Intervention Office shall facilitate access to its services |
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through the establishment of a toll-free hot line.
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(3) The Early Intervention Office may contact and assist |
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the parties in avoiding or resolving any disagreement regarding |
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the benefits under this chapter upon request for assistance from |
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an injured worker, provider, employer, or carrier indicating |
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that a potential disagreement regarding the provision of |
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benefits under this chapter exists. Such assistance may only be |
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rendered when there is no petition for benefits filed for that |
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date of accident.
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(4) The Early Intervention Office may obtain and review |
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documents, conduct interviews and conferences, and collect other |
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information necessary to assist the office in facilitating the |
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resolution of the disagreement. All parties shall cooperate with |
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the Early Intervention Office. Failure of a party to provide |
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information pursuant to this subsection constitutes failure to |
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comply with s. 440.185(5)(c). Upon request, all parties shall |
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provide requested documents or participate in an interview or |
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conference within 7 calendar days after the request.
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(5) If, in the course of carrying out its duties as set |
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forth in this section, the Early Intervention Office identifies |
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that a party has failed to comply with this chapter, the office |
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shall refer the failure to comply to the appropriate regulator.
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(6) The dollar value of any benefits that are provided or |
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secured as a result of the Early Intervention Office’s |
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facilitation efforts may not be included in any subsequent award |
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pursuant to s. 440.34(2).
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(7) The department may adopt rules to specify forms and |
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procedures for administering this section. |
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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) 3907-3909, and insert: |
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Section 21. Subsection (9) of section 440.185, Florida |
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Statutes, is amended to read: |
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================= T I T L E A M E N D M E N T ================= |
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Between lines 60 and 61, insert: |
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amending s. 440.191, F.S.; providing for the creation of |
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the Early Intervention Office in lieu of the Employee |
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Assistance; providing responsibilities of the office; |
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providing rule adoption authority to the Department of |
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Financial Services; |