| 1 | The Committee on Insurance recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to motor vehicle insurance costs; amending |
| 7 | s. 627.732, F.S.; defining the terms "biometrics" and |
| 8 | "biometric time date technology"; amending s. 627.736, |
| 9 | F.S.; revising procedures with respect to billing and |
| 10 | payment for treatment of injured persons under personal |
| 11 | injury protection benefits; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsections (16) and (17) are added to section |
| 16 | 627.732, Florida Statutes, to read: |
| 17 | 627.732 Definitions.--As used in ss. 627.730-627.7405, the |
| 18 | term: |
| 19 | (16) "Biometrics" means a computer-based biological |
| 20 | imprint generally recognized by the scientific or law |
| 21 | enforcement community as capable of identifying an individual. |
| 22 | (17) "Biometric time date technology" means technology |
| 23 | that uses biometric imprints to document the exact date and time |
| 24 | a biological imprint was made or recognized. |
| 25 | Section 2. Paragraphs (a) and (e) of subsection (5) of |
| 26 | section 627.736, Florida Statutes, are amended to read: |
| 27 | 627.736 Required personal injury protection benefits; |
| 28 | exclusions; priority; claims.-- |
| 29 | (5) CHARGES FOR TREATMENT OF INJURED PERSONS.-- |
| 30 | (a) Any physician, hospital, clinic, or other person or |
| 31 | institution lawfully rendering treatment to an injured person |
| 32 | for a bodily injury covered by personal injury protection |
| 33 | insurance may charge the insurer and injured party only a |
| 34 | reasonable amount pursuant to this section for the services and |
| 35 | supplies rendered, and the insurer providing such coverage may |
| 36 | pay for such charges directly to such person or institution |
| 37 | lawfully rendering such treatment, if the insured receiving such |
| 38 | treatment or his or her guardian has countersigned the properly |
| 39 | completed invoice, bill, or claim form approved by the office |
| 40 | upon which such charges are to be paid for as having actually |
| 41 | been rendered, to the best knowledge of the insured or his or |
| 42 | her guardian. In no event, however, may such a charge be in |
| 43 | excess of the amount the person or institution customarily |
| 44 | charges for like services or supplies. With respect to a |
| 45 | determination of whether a charge for a particular service, |
| 46 | treatment, or otherwise is reasonable, consideration may be |
| 47 | given to evidence of usual and customary charges and payments |
| 48 | accepted by the provider involved in the dispute, and |
| 49 | reimbursement levels in the community and various federal and |
| 50 | state medical fee schedules applicable to automobile and other |
| 51 | insurance coverages, and other information relevant to the |
| 52 | reasonableness of the reimbursement for the service, treatment, |
| 53 | or supply. A provider may use biometric time date technology, |
| 54 | located in the provider's office, to document that the insured |
| 55 | was present at a specific time, date, and place a biometric |
| 56 | imprint was made. |
| 57 | (e)1. At the initial treatment or service provided, each |
| 58 | physician, other licensed professional, clinic, or other medical |
| 59 | institution providing medical services upon which a claim for |
| 60 | personal injury protection benefits is based shall require an |
| 61 | insured person, or his or her guardian, to execute a disclosure |
| 62 | and acknowledgment form, which reflects at a minimum that: |
| 63 | a. The insured, or his or her guardian, must countersign |
| 64 | the form attesting to the fact that the services set forth |
| 65 | therein were actually rendered; |
| 66 | b. The insured, or his or her guardian, has both the right |
| 67 | and affirmative duty to confirm that the services were actually |
| 68 | rendered; |
| 69 | c. The insured, or his or her guardian, was not solicited |
| 70 | by any person to seek any services from the medical provider; |
| 71 | d. That the physician, other licensed professional, |
| 72 | clinic, or other medical institution rendering services for |
| 73 | which payment is being claimed explained the services to the |
| 74 | insured or his or her guardian; and |
| 75 | e. If the insured notifies the insurer in writing of a |
| 76 | billing error, the insured may be entitled to a certain |
| 77 | percentage of a reduction in the amounts paid by the insured's |
| 78 | motor vehicle insurer. |
| 79 | 2. The physician, other licensed professional, clinic, or |
| 80 | other medical institution rendering services for which payment |
| 81 | is being claimed has the affirmative duty to explain the |
| 82 | services rendered to the insured, or his or her guardian, so |
| 83 | that the insured, or his or her guardian, countersigns the form |
| 84 | with informed consent. |
| 85 | 3. Countersignature by the insured, or his or her |
| 86 | guardian, is not required for the reading of diagnostic tests or |
| 87 | other services that are of such a nature that they are not |
| 88 | required to be performed in the presence of the insured. |
| 89 | 4. The licensed medical professional rendering treatment |
| 90 | for which payment is being claimed must sign, by his or her own |
| 91 | hand, the form complying with this paragraph. |
| 92 | 5. The original completed disclosure and acknowledgment |
| 93 | form shall be furnished to the insurer pursuant to paragraph |
| 94 | (4)(b) and may not be electronically furnished. |
| 95 | 6. This disclosure and acknowledgment form is not required |
| 96 | for services billed by a provider for emergency services as |
| 97 | defined in s. 395.002, for emergency services and care as |
| 98 | defined in s. 395.002 rendered in a hospital emergency |
| 99 | department, or for transport and treatment rendered by an |
| 100 | ambulance provider licensed pursuant to part III of chapter 401. |
| 101 | 7. The Financial Services Commission shall adopt, by rule, |
| 102 | a standard disclosure and acknowledgment form that shall be used |
| 103 | to fulfill the requirements of this paragraph, effective 90 days |
| 104 | after such form is adopted and becomes final. The commission |
| 105 | shall adopt a proposed rule by October 1, 2003. Until the rule |
| 106 | is final, the provider may use a form of its own which otherwise |
| 107 | complies with the requirements of this paragraph. |
| 108 | 8. As used in this paragraph, "countersigned" means a |
| 109 | second or verifying signature, as on a previously signed |
| 110 | document, and is not satisfied by the statement "signature on |
| 111 | file" or any similar statement. |
| 112 | 9. The requirements of this paragraph apply only with |
| 113 | respect to the initial treatment or service of the insured by a |
| 114 | provider. For subsequent treatments or service, the provider |
| 115 | must maintain a patient log signed by the patient, in |
| 116 | chronological order by date of service, that is consistent with |
| 117 | the services being rendered to the patient as claimed. For |
| 118 | purposes of the patient signing a patient log on subsequent |
| 119 | visits, the provider may use biometric time date technology as |
| 120 | an electronic signature pursuant to ss. 668.003 and 668.004. The |
| 121 | requirements of this subparagraph for maintaining a patient log |
| 122 | signed by the patient may be met by a hospital that maintains |
| 123 | medical records as required by s. 395.3025 and applicable rules |
| 124 | and makes such records available to the insurer upon request. |
| 125 | Section 3. This act shall take effect July 1, 2004. |