1 | A bill to be entitled |
2 | An act relating to personal injury protection insurance; |
3 | amending s. 627.732, F.S.; defining the terms "biometric" |
4 | and "biometric time date technology"; amending s. 627.736, |
5 | F.S.; authorizing health care providers to use biometric |
6 | time date technology for certain information documentation |
7 | and electronic signature purposes under certain personal |
8 | injury protection insurance benefit provisions; providing |
9 | an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Subsections (16) and (17) are added to section |
14 | 627.732, Florida Statutes, to read: |
15 | 627.732 Definitions.--As used in ss. 627.730-627.7405, the |
16 | term: |
17 | (16) "Biometric" means a computer-based biological imprint |
18 | generally recognized by the scientific or law enforcement |
19 | community as capable of identifying an individual. |
20 | (17) "Biometric time date technology" means technology |
21 | that uses biometric imprints to document the exact date and time |
22 | 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 or |
29 | institution lawfully rendering treatment to an injured person |
30 | for a bodily injury covered by personal injury protection |
31 | insurance may charge the insurer and injured party only a |
32 | reasonable amount pursuant to this section for the services and |
33 | supplies rendered, and the insurer providing such coverage may |
34 | pay for such charges directly to such person or institution |
35 | lawfully rendering such treatment, if the insured receiving such |
36 | treatment or his or her guardian has countersigned the properly |
37 | completed invoice, bill, or claim form approved by the office |
38 | upon which such charges are to be paid for as having actually |
39 | been rendered, to the best knowledge of the insured or his or |
40 | her guardian. In no event, however, may such a charge be in |
41 | excess of the amount the person or institution customarily |
42 | charges for like services or supplies. With respect to a |
43 | determination of whether a charge for a particular service, |
44 | treatment, or otherwise is reasonable, consideration may be |
45 | given to evidence of usual and customary charges and payments |
46 | accepted by the provider involved in the dispute, and |
47 | reimbursement levels in the community and various federal and |
48 | state medical fee schedules applicable to automobile and other |
49 | insurance coverages, and other information relevant to the |
50 | reasonableness of the reimbursement for the service, treatment, |
51 | or supply. A provider may use biometric time date technology, |
52 | located in the provider's office, to document that the insured |
53 | was present at a specific time, date, and place at which a |
54 | biometric imprint was made. |
55 | (e)1. At the initial treatment or service provided, each |
56 | physician, other licensed professional, clinic, or other medical |
57 | institution providing medical services upon which a claim for |
58 | personal injury protection benefits is based shall require an |
59 | insured person, or his or her guardian, to execute a disclosure |
60 | and acknowledgment form, which reflects at a minimum that: |
61 | a. The insured, or his or her guardian, must countersign |
62 | the form attesting to the fact that the services set forth |
63 | therein were actually rendered; |
64 | b. The insured, or his or her guardian, has both the right |
65 | and affirmative duty to confirm that the services were actually |
66 | rendered; |
67 | c. The insured, or his or her guardian, was not solicited |
68 | by any person to seek any services from the medical provider; |
69 | d. That the physician, other licensed professional, |
70 | clinic, or other medical institution rendering services for |
71 | which payment is being claimed explained the services to the |
72 | insured or his or her guardian; and |
73 | e. If the insured notifies the insurer in writing of a |
74 | billing error, the insured may be entitled to a certain |
75 | percentage of a reduction in the amounts paid by the insured's |
76 | motor vehicle insurer. |
77 | 2. The physician, other licensed professional, clinic, or |
78 | other medical institution rendering services for which payment |
79 | is being claimed has the affirmative duty to explain the |
80 | services rendered to the insured, or his or her guardian, so |
81 | that the insured, or his or her guardian, countersigns the form |
82 | with informed consent. |
83 | 3. Countersignature by the insured, or his or her |
84 | guardian, is not required for the reading of diagnostic tests or |
85 | other services that are of such a nature that they are not |
86 | required to be performed in the presence of the insured. |
87 | 4. The licensed medical professional rendering treatment |
88 | for which payment is being claimed must sign, by his or her own |
89 | hand, the form complying with this paragraph. |
90 | 5. The original completed disclosure and acknowledgment |
91 | form shall be furnished to the insurer pursuant to paragraph |
92 | (4)(b) and may not be electronically furnished. |
93 | 6. This disclosure and acknowledgment form is not required |
94 | for services billed by a provider for emergency services as |
95 | defined in s. 395.002, for emergency services and care as |
96 | defined in s. 395.002 rendered in a hospital emergency |
97 | department, or for transport and treatment rendered by an |
98 | ambulance provider licensed pursuant to part III of chapter 401. |
99 | 7. The Financial Services Commission shall adopt, by rule, |
100 | a standard disclosure and acknowledgment form that shall be used |
101 | to fulfill the requirements of this paragraph, effective 90 days |
102 | after such form is adopted and becomes final. The commission |
103 | shall adopt a proposed rule by October 1, 2003. Until the rule |
104 | is final, the provider may use a form of its own which otherwise |
105 | complies with the requirements of this paragraph. |
106 | 8. As used in this paragraph, "countersigned" means a |
107 | second or verifying signature, as on a previously signed |
108 | document, and is not satisfied by the statement "signature on |
109 | file" or any similar statement. |
110 | 9. The requirements of this paragraph apply only with |
111 | respect to the initial treatment or service of the insured by a |
112 | provider. For subsequent treatments or service, the provider |
113 | must maintain a patient log signed by the patient, in |
114 | chronological order by date of service, that is consistent with |
115 | the services being rendered to the patient as claimed. For |
116 | purposes of the patient signing a log on subsequent visits, the |
117 | provider may use biometric time date technology as an electronic |
118 | signature under ss. 668.003 and 668.004. The requirements of |
119 | this subparagraph for maintaining a patient log signed by the |
120 | patient may be met by a hospital that maintains medical records |
121 | as required by s. 395.3025 and applicable rules and makes such |
122 | records available to the insurer upon request. |
123 | Section 3. This act shall take effect July 1, 2005. |