Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 2114
Barcode 611696
CHAMBER ACTION
Senate House
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1 Comm: WD .
04/20/2006 10:28 AM .
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11 The Committee on Judiciary (Campbell) recommended the
12 following amendment:
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14 Senate Amendment
15 On page 37, line 8, through
16 page 40, line 2, delete those lines
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18 and insert:
19 (14) REQUEST FOR PATIENT DIAGNOSTIC AND TREATMENT
20 RECORDS AND INFORMATION ABOUT THE TREATMENT.--
21 (a)(b) Every physician, hospital, clinic, or other
22 medical institution providing, before or after bodily injury
23 upon which a claim for personal injury protection insurance
24 benefits is based, any products, services, or accommodations
25 in relation to that or any other injury, or in relation to a
26 condition claimed to be connected with that or any other
27 injury, shall, if requested to do so by the insurer against
28 whom the claim has been made:,
29 1. Furnish forthwith a written report of the history,
30 condition, treatment, dates, and costs of such treatment of
31 the injured person and why the items identified by the insurer
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 2114
Barcode 611696
1 were reasonable in amount and medically necessary.,
2 2. Provide together with a sworn statement that the
3 treatment or services rendered were reasonable and necessary
4 with respect to the bodily injury sustained. Such sworn
5 statement shall read as follows: "Under penalty of perjury, I
6 declare that I have read the foregoing, and the facts alleged
7 are true, to the best of my knowledge and belief."
8 3. Identify and identifying which portion of the
9 expenses for such treatment or services was incurred as a
10 result of such bodily injury.,
11 4. and Produce forthwith, and permit the inspection
12 and copying of, his or her or its records regarding such
13 history, condition, treatment, dates, and costs of treatment;
14 provided that this shall not limit the introduction of
15 evidence at trial. Such sworn statement shall read as follows:
16 "Under penalty of perjury, I declare that I have read the
17 foregoing, and the facts alleged are true, to the best of my
18 knowledge and belief."
19 (b) However, if the records are maintained at an
20 alternative location, the requested records shall be made
21 available at the principal place of business within 25 working
22 days after the request.
23 (c) A No cause of action for violation of the
24 physician-patient privilege or invasion of the right of
25 privacy is not shall be permitted against any physician,
26 hospital, clinic, or other medical institution complying with
27 the provisions of this section.
28 (d) The person requesting such records and such sworn
29 statement shall pay all reasonable costs connected therewith.
30 (e) If an insurer makes a written request for
31 documentation or information under this paragraph within 30
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 2114
Barcode 611696
1 days after having received notice of the amount of a covered
2 loss under subsection (7) paragraph (4)(a), the amount or the
3 partial amount that which is the subject of the insurer's
4 inquiry shall become overdue if the insurer does not pay in
5 accordance with subsection (8) paragraph (4)(b) or within 15
6 10 days after the insurer's receipt of the requested
7 documentation or information, whichever occurs later. For
8 purposes of this paragraph, the term "receipt" includes, but
9 is not limited to, inspection and copying pursuant to this
10 subsection paragraph.
11 (f) Any insurer that requests documentation or
12 information pertaining to reasonableness of charges or medical
13 necessity under this subsection paragraph without a reasonable
14 basis for such requests as a general business practice is
15 engaging in an unfair trade practice under the insurance code.
16 (g)(c) In the event of any dispute regarding an
17 insurer's right to request patient diagnostic or treatment
18 information discovery of facts under this section, the insurer
19 may petition a court of competent jurisdiction to enter an
20 order permitting such request for patient diagnostic or
21 treatment information discovery. The order may be made only
22 on motion for good cause shown and upon notice to all persons
23 having an interest, and it shall specify the time, place,
24 manner, conditions, and scope of the request for patient
25 diagnostic or treatment information discovery. Such court may,
26 in order to protect against annoyance, embarrassment, or
27 oppression, as justice requires, enter an order refusing the
28 request discovery or specifying conditions of the request
29 discovery and may order payments of costs and expenses of the
30 proceeding, including reasonable fees for the appearance of
31 attorneys at the proceedings, as justice requires.
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