Senate Bill sb1094c1
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Florida Senate - 2004 CS for SB 1094
By the Committee on Banking and Insurance; and Senator
Campbell
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1 A bill to be entitled
2 An act relating to motor vehicle insurance
3 costs; amending s. 627.732, F.S.; defining the
4 terms "biometrics" and "biometric time date
5 technology"; amending s. 627.736, F.S.;
6 providing a presumption and revising a
7 procedure with respect to the use of biometric
8 time date technology under personal injury
9 protection benefits; providing an effective
10 date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. Subsections (16) and (17) are added to
15 section 627.732, Florida Statutes, to read:
16 627.732 Definitions.--As used in ss. 627.730-627.7405,
17 the term:
18 (16) "Biometrics" means a computer-based biological
19 imprint.
20 (17) "Biometric time date technology" means technology
21 that uses biometric imprints to document the exact date and
22 time a biological imprint was made or recognized.
23 Section 2. Paragraphs (a) and (e) of subsection (5) of
24 section 627.736, Florida Statutes, are amended to read:
25 627.736 Required personal injury protection benefits;
26 exclusions; priority; claims.--
27 (5) CHARGES FOR TREATMENT OF INJURED PERSONS.--
28 (a) Any physician, hospital, clinic, or other person
29 or institution lawfully rendering treatment to an injured
30 person for a bodily injury covered by personal injury
31 protection insurance may charge the insurer and injured party
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1 only a reasonable amount pursuant to this section for the
2 services and supplies rendered, and the insurer providing such
3 coverage may pay for such charges directly to such person or
4 institution lawfully rendering such treatment, if the insured
5 receiving such treatment or his or her guardian has
6 countersigned the properly completed invoice, bill, or claim
7 form approved by the office upon which such charges are to be
8 paid for as having actually been rendered, to the best
9 knowledge of the insured or his or her guardian. In no event,
10 however, may such a charge be in excess of the amount the
11 person or institution customarily charges for like services or
12 supplies. With respect to a determination of whether a charge
13 for a particular service, treatment, or otherwise is
14 reasonable, consideration may be given to evidence of usual
15 and customary charges and payments accepted by the provider
16 involved in the dispute, and reimbursement levels in the
17 community and various federal and state medical fee schedules
18 applicable to automobile and other insurance coverages, and
19 other information relevant to the reasonableness of the
20 reimbursement for the service, treatment, or supply. It shall
21 be presumed that the insured was present in the provider's
22 office for the time the billed services were rendered if the
23 provider uses biometric time date technology that verified
24 that fact.
25 (e)1. At the initial treatment or service provided,
26 each physician, other licensed professional, clinic, or other
27 medical institution providing medical services upon which a
28 claim for personal injury protection benefits is based shall
29 require an insured person, or his or her guardian, to execute
30 a disclosure and acknowledgment form, which reflects at a
31 minimum that:
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1 a. The insured, or his or her guardian, must
2 countersign the form attesting to the fact that the services
3 set forth therein were actually rendered;
4 b. The insured, or his or her guardian, has both the
5 right and affirmative duty to confirm that the services were
6 actually rendered;
7 c. The insured, or his or her guardian, was not
8 solicited by any person to seek any services from the medical
9 provider;
10 d. That the physician, other licensed professional,
11 clinic, or other medical institution rendering services for
12 which payment is being claimed explained the services to the
13 insured or his or her guardian; and
14 e. If the insured notifies the insurer in writing of a
15 billing error, the insured may be entitled to a certain
16 percentage of a reduction in the amounts paid by the insured's
17 motor vehicle insurer.
18 2. The physician, other licensed professional, clinic,
19 or other medical institution rendering services for which
20 payment is being claimed has the affirmative duty to explain
21 the services rendered to the insured, or his or her guardian,
22 so that the insured, or his or her guardian, countersigns the
23 form with informed consent.
24 3. Countersignature by the insured, or his or her
25 guardian, is not required for the reading of diagnostic tests
26 or other services that are of such a nature that they are not
27 required to be performed in the presence of the insured.
28 4. The licensed medical professional rendering
29 treatment for which payment is being claimed must sign, by his
30 or her own hand, the form complying with this paragraph.
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Florida Senate - 2004 CS for SB 1094
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1 5. The original completed disclosure and
2 acknowledgment form shall be furnished to the insurer pursuant
3 to paragraph (4)(b) and may not be electronically furnished.
4 6. This disclosure and acknowledgment form is not
5 required for services billed by a provider for emergency
6 services as defined in s. 395.002, for emergency services and
7 care as defined in s. 395.002 rendered in a hospital emergency
8 department, or for transport and treatment rendered by an
9 ambulance provider licensed pursuant to part III of chapter
10 401.
11 7. The Financial Services Commission shall adopt, by
12 rule, a standard disclosure and acknowledgment form that shall
13 be used to fulfill the requirements of this paragraph,
14 effective 90 days after such form is adopted and becomes
15 final. The commission shall adopt a proposed rule by October
16 1, 2003. Until the rule is final, the provider may use a form
17 of its own which otherwise complies with the requirements of
18 this paragraph.
19 8. As used in this paragraph, "countersigned" means a
20 second or verifying signature, as on a previously signed
21 document, and is not satisfied by the statement "signature on
22 file" or any similar statement.
23 9. The requirements of this paragraph apply only with
24 respect to the initial treatment or service of the insured by
25 a provider. For subsequent treatments or service, the provider
26 must maintain a patient log signed by the patient, in
27 chronological order by date of service, that is consistent
28 with the services being rendered to the patient as claimed.
29 For purposes of the patient signing a patient log, the
30 provider may use biometric time date technology in lieu of the
31 patient signing the log. The requirements of this subparagraph
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1 for maintaining a patient log signed by the patient may be met
2 by a hospital that maintains medical records as required by s.
3 395.3025 and applicable rules and makes such records available
4 to the insurer upon request.
5 Section 3. This act shall take effect July 1, 2004.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 Senate Bill 1094
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10 Narrows the legal presumption to apply only when the use of
biometric time date technology verifies that the insured was
11 present in the provider's office for the time the billed
services were rendered. Removes the provision in the
12 presumption that the insured received the specified treatment
or services.
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Removes the provision that the patient's countersignature
14 could be done by biometric or electronic means in signing the
disclosure and acknowledgement form. Provides that the
15 provider may use biometric time date technology in lieu of the
insured signing the patient log.
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