Senate Bill sb0238

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    Florida Senate - 2005                                   SB 238

    By Senator Campbell





    32-251-05

  1                      A bill to be entitled

  2         An act relating to personal injury protection

  3         insurance; amending s. 627.732, F.S.; defining

  4         the terms "biometric" and "biometric time date

  5         technology"; amending s. 627.736, F.S.;

  6         revising procedures with respect to the use of

  7         biometric time date technology for the purpose

  8         of documenting claims and making payments under

  9         personal injury protection benefits; providing

10         an effective 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)  "Biometric" means a computer-based biological

19  imprint generally recognized by the scientific or law

20  enforcement community as capable of identifying an individual.

21         (17)  "Biometric time date technology" means technology

22  that uses biometric imprints to document the exact date and

23  time a biological imprint was made or recognized.

24         Section 2.  Paragraphs (a) and (e) of subsection (5) of

25  section 627.736, Florida Statutes, are amended to read:

26         627.736  Required personal injury protection benefits;

27  exclusions; priority; claims.--

28         (5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--

29         (a)  Any physician, hospital, clinic, or other person

30  or institution lawfully rendering treatment to an injured

31  person for a bodily injury covered by personal injury

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    Florida Senate - 2005                                   SB 238
    32-251-05




 1  protection insurance may charge the insurer and injured party

 2  only a reasonable amount pursuant to this section for the

 3  services and supplies rendered, and the insurer providing such

 4  coverage may pay for such charges directly to such person or

 5  institution lawfully rendering such treatment, if the insured

 6  receiving such treatment or his or her guardian has

 7  countersigned the properly completed invoice, bill, or claim

 8  form approved by the office upon which such charges are to be

 9  paid for as having actually been rendered, to the best

10  knowledge of the insured or his or her guardian. In no event,

11  however, may such a charge be in excess of the amount the

12  person or institution customarily charges for like services or

13  supplies. With respect to a determination of whether a charge

14  for a particular service, treatment, or otherwise is

15  reasonable, consideration may be given to evidence of usual

16  and customary charges and payments accepted by the provider

17  involved in the dispute, and reimbursement levels in the

18  community and various federal and state medical fee schedules

19  applicable to automobile and other insurance coverages, and

20  other information relevant to the reasonableness of the

21  reimbursement for the service, treatment, or supply. A

22  provider may use biometric time date technology, located in

23  the provider's office, to document that the insured was

24  present at a specific time, date, and place at which a

25  biometric imprint was made.

26         (e)1.  At the initial treatment or service provided,

27  each physician, other licensed professional, clinic, or other

28  medical institution providing medical services upon which a

29  claim for personal injury protection benefits is based shall

30  require an insured person, or his or her guardian, to execute

31  

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    Florida Senate - 2005                                   SB 238
    32-251-05




 1  a disclosure and acknowledgment form, which reflects at a

 2  minimum that:

 3         a.  The insured, or his or her guardian, must

 4  countersign the form attesting to the fact that the services

 5  set forth therein were actually rendered;

 6         b.  The insured, or his or her guardian, has both the

 7  right and affirmative duty to confirm that the services were

 8  actually rendered;

 9         c.  The insured, or his or her guardian, was not

10  solicited by any person to seek any services from the medical

11  provider;

12         d.  That the physician, other licensed professional,

13  clinic, or other medical institution rendering services for

14  which payment is being claimed explained the services to the

15  insured or his or her guardian; and

16         e.  If the insured notifies the insurer in writing of a

17  billing error, the insured may be entitled to a certain

18  percentage of a reduction in the amounts paid by the insured's

19  motor vehicle insurer.

20         2.  The physician, other licensed professional, clinic,

21  or other medical institution rendering services for which

22  payment is being claimed has the affirmative duty to explain

23  the services rendered to the insured, or his or her guardian,

24  so that the insured, or his or her guardian, countersigns the

25  form with informed consent.

26         3.  Countersignature by the insured, or his or her

27  guardian, is not required for the reading of diagnostic tests

28  or other services that are of such a nature that they are not

29  required to be performed in the presence of the insured.

30  

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    Florida Senate - 2005                                   SB 238
    32-251-05




 1         4.  The licensed medical professional rendering

 2  treatment for which payment is being claimed must sign, by his

 3  or her own hand, the form complying with this paragraph.

 4         5.  The original completed disclosure and

 5  acknowledgment form shall be furnished to the insurer pursuant

 6  to paragraph (4)(b) and may not be electronically furnished.

 7         6.  This disclosure and acknowledgment form is not

 8  required for services billed by a provider for emergency

 9  services as defined in s. 395.002, for emergency services and

10  care as defined in s. 395.002 rendered in a hospital emergency

11  department, or for transport and  treatment rendered by an

12  ambulance provider licensed pursuant to part III of chapter

13  401.

14         7.  The Financial Services Commission shall adopt, by

15  rule, a standard disclosure and acknowledgment form that shall

16  be used to fulfill the requirements of this paragraph,

17  effective 90 days after such form is adopted and becomes

18  final. The commission shall adopt a proposed rule by October

19  1, 2003. Until the rule is final, the provider may use a form

20  of its own which otherwise complies with the requirements of

21  this paragraph.

22         8.  As used in this paragraph, "countersigned" means a

23  second or verifying signature, as on a previously signed

24  document, and is not satisfied by the statement "signature on

25  file" or any similar statement.

26         9.  The requirements of this paragraph apply only with

27  respect to the initial treatment or service of the insured by

28  a provider. For subsequent treatments or service, the provider

29  must maintain a patient log signed by the patient, in

30  chronological order by date of service, that is consistent

31  with the services being rendered to the patient as claimed.

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    Florida Senate - 2005                                   SB 238
    32-251-05




 1  For purposes of the patient signing a log on subsequent

 2  visits, the provider may use biometric time date technology as

 3  an electronic signature under ss. 668.003 and 668.004. The

 4  requirements of this subparagraph for maintaining a patient

 5  log signed by the patient may be met by a hospital that

 6  maintains medical records as required by s. 395.3025 and

 7  applicable rules and makes such records available to the

 8  insurer upon request.

 9         Section 3.  This act shall take effect July 1, 2005.

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12                          SENATE SUMMARY

13    Authorizes a health care provider to use biometric time
      date technology to document that an injured person
14    received services under personal injury protection
      insurance.
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