HB 0141

A bill to be entitled
2An act relating to personal injury protection insurance;
3amending s. 627.732, F.S.; defining the terms "biometric"
4and "biometric time date technology"; amending s. 627.736,
5F.S.; authorizing health care providers to use biometric
6time date technology for certain information documentation
7and electronic signature purposes under certain personal
8injury protection insurance benefit provisions; providing
9an effective date.
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  Subsections (16) and (17) are added to section
14627.732, Florida Statutes, to read:
15     627.732  Definitions.--As used in ss. 627.730-627.7405, the
17     (16)  "Biometric" means a computer-based biological imprint
18generally recognized by the scientific or law enforcement
19community as capable of identifying an individual.
20     (17)  "Biometric time date technology" means technology
21that uses biometric imprints to document the exact date and time
22a biological imprint was made or recognized.
23     Section 2.  Paragraphs (a) and (e) of subsection (5) of
24section 627.736, Florida Statutes, are amended to read:
25     627.736  Required personal injury protection benefits;
26exclusions; priority; claims.--
28     (a)  Any physician, hospital, clinic, or other person or
29institution lawfully rendering treatment to an injured person
30for a bodily injury covered by personal injury protection
31insurance may charge the insurer and injured party only a
32reasonable amount pursuant to this section for the services and
33supplies rendered, and the insurer providing such coverage may
34pay for such charges directly to such person or institution
35lawfully rendering such treatment, if the insured receiving such
36treatment or his or her guardian has countersigned the properly
37completed invoice, bill, or claim form approved by the office
38upon which such charges are to be paid for as having actually
39been rendered, to the best knowledge of the insured or his or
40her guardian. In no event, however, may such a charge be in
41excess of the amount the person or institution customarily
42charges for like services or supplies. With respect to a
43determination of whether a charge for a particular service,
44treatment, or otherwise is reasonable, consideration may be
45given to evidence of usual and customary charges and payments
46accepted by the provider involved in the dispute, and
47reimbursement levels in the community and various federal and
48state medical fee schedules applicable to automobile and other
49insurance coverages, and other information relevant to the
50reasonableness of the reimbursement for the service, treatment,
51or supply. A provider may use biometric time date technology,
52located in the provider's office, to document that the insured
53was present at a specific time, date, and place at which a
54biometric imprint was made.
55     (e)1.  At the initial treatment or service provided, each
56physician, other licensed professional, clinic, or other medical
57institution providing medical services upon which a claim for
58personal injury protection benefits is based shall require an
59insured person, or his or her guardian, to execute a disclosure
60and acknowledgment form, which reflects at a minimum that:
61     a.  The insured, or his or her guardian, must countersign
62the form attesting to the fact that the services set forth
63therein were actually rendered;
64     b.  The insured, or his or her guardian, has both the right
65and affirmative duty to confirm that the services were actually
67     c.  The insured, or his or her guardian, was not solicited
68by any person to seek any services from the medical provider;
69     d.  That the physician, other licensed professional,
70clinic, or other medical institution rendering services for
71which payment is being claimed explained the services to the
72insured or his or her guardian; and
73     e.  If the insured notifies the insurer in writing of a
74billing error, the insured may be entitled to a certain
75percentage of a reduction in the amounts paid by the insured's
76motor vehicle insurer.
77     2.  The physician, other licensed professional, clinic, or
78other medical institution rendering services for which payment
79is being claimed has the affirmative duty to explain the
80services rendered to the insured, or his or her guardian, so
81that the insured, or his or her guardian, countersigns the form
82with informed consent.
83     3.  Countersignature by the insured, or his or her
84guardian, is not required for the reading of diagnostic tests or
85other services that are of such a nature that they are not
86required to be performed in the presence of the insured.
87     4.  The licensed medical professional rendering treatment
88for which payment is being claimed must sign, by his or her own
89hand, the form complying with this paragraph.
90     5.  The original completed disclosure and acknowledgment
91form 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
94for services billed by a provider for emergency services as
95defined in s. 395.002, for emergency services and care as
96defined in s. 395.002 rendered in a hospital emergency
97department, or for transport and  treatment rendered by an
98ambulance provider licensed pursuant to part III of chapter 401.
99     7.  The Financial Services Commission shall adopt, by rule,
100a standard disclosure and acknowledgment form that shall be used
101to fulfill the requirements of this paragraph, effective 90 days
102after such form is adopted and becomes final. The commission
103shall adopt a proposed rule by October 1, 2003. Until the rule
104is final, the provider may use a form of its own which otherwise
105complies with the requirements of this paragraph.
106     8.  As used in this paragraph, "countersigned" means a
107second or verifying signature, as on a previously signed
108document, and is not satisfied by the statement "signature on
109file" or any similar statement.
110     9.  The requirements of this paragraph apply only with
111respect to the initial treatment or service of the insured by a
112provider. For subsequent treatments or service, the provider
113must maintain a patient log signed by the patient, in
114chronological order by date of service, that is consistent with
115the services being rendered to the patient as claimed. For
116purposes of the patient signing a log on subsequent visits, the
117provider may use biometric time date technology as an electronic
118signature under ss. 668.003 and 668.004. The requirements of
119this subparagraph for maintaining a patient log signed by the
120patient may be met by a hospital that maintains medical records
121as required by s. 395.3025 and applicable rules and makes such
122records available to the insurer upon request.
123     Section 3.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.