Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1596
                        Barcode 824364
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       05/02/2006 10:09 AM         .                    
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11  Senator King moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 14, line 13, through
15            page 15, line 2, delete those lines
16  
17  and insert:  
18         Section 13.  Subsection (7) of section 627.736, Florida
19  Statutes, is amended, and subsection (14) is added to that
20  section, to read:
21         627.736  Required personal injury protection benefits;
22  exclusions; priority; claims.--
23         (7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
24  REPORTS.--
25         (a)  Whenever the mental or physical condition of an
26  injured person covered by personal injury protection is
27  material to any claim that has been or may be made for past or
28  future personal injury protection insurance benefits, such
29  person shall, upon the request of an insurer, submit to mental
30  or physical examination by a physician or physicians.  The
31  costs of any examinations requested by an insurer shall be
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1596 Barcode 824364 1 borne entirely by the insurer. Such examination shall be 2 conducted within the municipality where the insured is 3 receiving treatment, or in a location reasonably accessible to 4 the insured, which, for purposes of this paragraph, means any 5 location within the municipality in which the insured resides, 6 or any location within 10 miles by road of the insured's 7 residence, provided such location is within the county in 8 which the insured resides. If the examination is to be 9 conducted in a location reasonably accessible to the insured, 10 and if there is no qualified physician to conduct the 11 examination in a location reasonably accessible to the 12 insured, then such examination shall be conducted in an area 13 of the closest proximity to the insured's residence. Personal 14 protection insurers are authorized to include reasonable 15 provisions in personal injury protection insurance policies 16 for mental and physical examination of those claiming personal 17 injury protection insurance benefits. An insurer may not 18 withdraw payment of a treating physician without the consent 19 of the injured person covered by the personal injury 20 protection, unless the insurer first obtains a valid report by 21 a Florida physician licensed under the same chapter as the 22 treating physician whose treatment authorization is sought to 23 be withdrawn, stating that treatment was not reasonable, 24 related, or necessary. 25 (b) A valid report is one that is prepared and signed 26 by the physician examining the injured person or reviewing the 27 treatment records of the injured person or other relevant 28 information and is factually supported by the examination and 29 treatment records if reviewed and that has not been modified 30 by anyone other than the physician. Such a report may be 31 written by a physician who has reviewed the medical records of 2 4:02 PM 05/01/06 s1596c1c-08-e0b
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1596 Barcode 824364 1 the insured, even if the physician has not physically examined 2 the insured. 3 (c) The physician preparing the report must be in 4 active practice, unless the physician is physically disabled. 5 Active practice means that during the 3 years immediately 6 preceding the date of the physical examination or review of 7 the treatment records the physician must have devoted 8 professional time to the active clinical practice of 9 evaluation, diagnosis, or treatment of medical conditions or 10 to the instruction of students in an accredited health 11 professional school or accredited residency program or a 12 clinical research program that is affiliated with an 13 accredited health professional school or teaching hospital or 14 accredited residency program. 15 (d) The physician preparing a report at the request of 16 an insurer and physicians rendering expert opinions on behalf 17 of persons claiming medical benefits for personal injury 18 protection, or on behalf of an insured through an attorney or 19 another entity, shall maintain, for at least 3 years, copies 20 of all examination reports as medical records and shall 21 maintain, for at least 3 years, records of all payments for 22 the examinations and reports. 23 (e) Neither an insurer nor any person acting at the 24 direction of or on behalf of an insurer may materially change 25 an opinion in a report prepared under this subsection 26 paragraph or direct the physician preparing the report to 27 change such opinion. The denial of a payment as the result of 28 such a changed opinion constitutes a material 29 misrepresentation under s. 626.9541(1)(i)2.; however, this 30 provision does not preclude the insurer from calling to the 31 attention of the physician errors of fact in the report based 3 4:02 PM 05/01/06 s1596c1c-08-e0b
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1596 Barcode 824364 1 upon information in the claim file or on new information that 2 will become part of the claim file. 3 (f)(b) If requested by the person examined, a party 4 causing an examination to be made shall deliver to him or her 5 a copy of every written report concerning the examination 6 rendered by an examining physician, at least one of which 7 reports must set out the examining physician's findings and 8 conclusions in detail. After such request and delivery, the 9 party causing the examination to be made is entitled, upon 10 request, to receive from the person examined every written 11 report available to him or her or his or her representative 12 concerning any examination, previously or thereafter made, of 13 the same mental or physical condition. By requesting and 14 obtaining a report of the examination so ordered, or by taking 15 the deposition of the examiner, the person examined waives any 16 privilege he or she may have, in relation to the claim for 17 benefits, regarding the testimony of every other person who 18 has examined, or may thereafter examine, him or her in respect 19 to the same mental or physical condition. If a person 20 unreasonably fails or unreasonably refuses to submit to an 21 examination, the personal injury protection carrier is no 22 longer liable for subsequent personal injury protection 23 benefits. 24 (g) During the independent medical examination, 25 neither the insurer, the insured, nor the assignee of the 26 insured may have counsel, a court reporter, or a videographer 27 present. 28 (h) This section does not preclude or limit the 29 ability of the insurer to assert that the claim was unrelated, 30 was not medically necessary, or was unreasonable or that the 31 amount of the charge was in excess of that permitted under, or 4 4:02 PM 05/01/06 s1596c1c-08-e0b
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1596 Barcode 824364 1 in violation of, this section. Such an assertion by the 2 insurer may be made, through or without expert testimony, at 3 any time, including after payment of the claim or after the 4 30-day time period for payment set forth in this section. 5 (14) FRAUD ADVISORY NOTICE.--Upon receiving notice of 6 a claim under this section, an insurer shall provide a notice 7 to the insured or to a person for whom a claim for 8 reimbursement for diagnosis or treatment of injuries has been 9 filed, advising that: 10 (a) Pursuant to s. 626.9892, the Department of 11 Financial Services may pay rewards of up to $25,000 to persons 12 providing information leading to the arrest and conviction of 13 persons committing crimes investigated by the Division of 14 Insurance Fraud arising from violations of s. 440.105, s. 15 624.15, s. 626.9541, s. 626.989, or s. 817.234. 16 (b) Solicitation of a person injured in a motor 17 vehicle crash for purposes of filing personal injury 18 protection or tort claims could be a violation of s. 817.234, 19 s. 817.505, or the rules regulating The Florida Bar and should 20 be immediately reported to the Division of Insurance Fraud if 21 such conduct has taken place. 22 Section 14. Section 627.7403, Florida Statutes, is 23 amended to read: 24 627.7403 Mandatory joinder of derivative claim.-- 25 (a) In any action brought pursuant to the provisions 26 of s. 627.737 claiming personal injuries, all claims arising 27 out of the plaintiff's injuries, including all derivative 28 claims, shall be brought together, unless good cause is shown 29 why such claims should be brought separately. 30 (b) In any action brought under s. 627.736 claiming 31 personal injury protection benefits, all claims arising out of 5 4:02 PM 05/01/06 s1596c1c-08-e0b
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1596 Barcode 824364 1 the claimant's injuries, including all claims resulting from a 2 valid assignment of benefits that are, or with due diligence 3 could have been, identified must be brought at the same time 4 and consolidated into one cause of action or shall be deemed 5 waived. 6 Section 15. Section 627.7404, Florida Statutes, is 7 created to read: 8 627.7404 Interpleader.--An action for interpleader or 9 in the nature of interpleader may be brought against two or 10 more adverse claimants who claim or may claim entitlement to 11 benefits that may be available pursuant to a policy of motor 12 vehicle insurance. The claims of the several defendants need 13 not have a common origin or be identical but may be adverse to 14 and independent of each other. The plaintiff may deny 15 liability in whole or in part to any or all of the defendants. 16 A defendant may likewise obtain interpleader by way of 17 counterclaim or cross-claim. the complaint for interpleader 18 shall specify the nature and value of the benefits and must be 19 accompanied by payment or tender into court of the benefits 20 available. The complaint may request, and the court may grant 21 prior to the entry of an order of interpleader, appropriate 22 ancillary relief, including, but not limited to, preliminary 23 injunctive relief. Interpleading of policy limits is prima 24 facie evidence of good faith on the part of the insurance 25 company. This section does not limit the joinder of parties as 26 otherwise required or permitted by the laws of this state. 27 28 (Redesignate subsequent sections.) 29 30 31 6 4:02 PM 05/01/06 s1596c1c-08-e0b
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1596 Barcode 824364 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 3, lines 6-11, delete those lines 4 5 and insert: 6 may not exceed 21 days; amending s. 627.736, 7 F.S.; revising requirements for the mental and 8 physical examination of injured persons and 9 reports relating to such examinations; 10 requiring insurers to provide certain persons 11 with notice of the department's Anti-Fraud 12 Reward Program and the criminal violations that 13 may be reported in pursuit of an award; 14 amending s. 627.7403, F.S.; providing that 15 certain claims must be consolidated or are 16 waived; creating s. 627.7404, F.S.; providing 17 for actions for interpleader; providing 18 procedures; allowing the provision of 19 appropriate ancillary relief; providing that 20 interpleading of policy limits is prima facie 21 evidence of an insurance company's good faith; 22 providing that the section does not limit the 23 otherwise lawful joinder of parties; amending 24 s. 627.7401, F.S.; requiring 25 26 27 28 29 30 31 7 4:02 PM 05/01/06 s1596c1c-08-e0b