Senate Bill sb1094c1

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    Florida Senate - 2004                           CS for SB 1094

    By the Committee on Banking and Insurance; and Senator
    Campbell




    311-1316-04

  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.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

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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    Florida Senate - 2004                           CS for SB 1094
    311-1316-04




 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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    Florida Senate - 2004                           CS for SB 1094
    311-1316-04




 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.

31  

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    Florida Senate - 2004                           CS for SB 1094
    311-1316-04




 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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    Florida Senate - 2004                           CS for SB 1094
    311-1316-04




 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.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 1094

 9                                 

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.
13  
    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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