Senate Bill sb2626

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    Florida Senate - 2007                                  SB 2626

    By Senator Alexander





    17-1308A-07

  1                      A bill to be entitled

  2         An act relating to motor vehicle liability

  3         insurance; amending s. 320.02, F.S.; providing

  4         for proof of purchase of medical payments

  5         coverage when registering a motor vehicle;

  6         conforming a cross-reference; amending ss.

  7         324.021 and 324.022, F.S., relating to

  8         financial security requirements for operating a

  9         motor vehicle; conforming cross-references;

10         amending s. 627.7275, F.S.; providing that a

11         motor vehicle insurance policy that provides

12         medical payments coverage may not be issued or

13         delivered in this state unless the policy

14         contains specified minimum amounts of coverage

15         for property damage liability arising from a

16         single accident or combined property damage

17         liability and bodily injury liability in any

18         one accident; amending s. 627.7295, F.S.;

19         redefining the term "policy"; authorizing a

20         licensed general lines agent to charge a fee to

21         cover certain administrative costs under

22         certain circumstances; providing an exemption

23         from certain provisions regarding the initial

24         issuance or cancellation of policies containing

25         medical payments coverage and certain other

26         types of liability coverage; conforming a

27         cross-reference; amending s. 627.733, F.S.;

28         deleting a provision requiring the owner or

29         registrant of a taxicab to maintain certain

30         personal injury protection coverage; conforming

31         cross-references; amending s. 627.734, F.S.;

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    Florida Senate - 2007                                  SB 2626
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 1         conforming cross-references; amending s.

 2         627.736, F.S.; requiring every insurance policy

 3         complying with the security requirements of

 4         state law to provide medical payments coverage;

 5         identifying types of medical expenses covered

 6         by medical payments coverage; limiting coverage

 7         for certain medical expenses up to specified

 8         amounts per person and per accident; requiring

 9         all bills submitted by hospitals and physicians

10         to appear on certain forms; providing for

11         charges and payment for medical services for

12         covered persons; providing definitions;

13         authorizing insurers to negotiate and enter

14         into contracts with preferred providers;

15         providing that only insurers writing motor

16         vehicle liability insurance in this state may

17         provide medical payments coverage benefits;

18         prohibiting an insurer from requiring the

19         purchase of coverage other than property damage

20         liability coverage as a condition for providing

21         such benefits; requiring insurers to make such

22         coverage available through normal marketing

23         channels; providing that failure to make

24         medical payments coverage and property damages

25         liability coverage available through normal

26         marketing channels is a violation of the

27         insurance code; providing penalties; providing

28         for payments of benefits; providing that

29         medical payments coverage benefits are subject

30         to the provisions of the Medicaid program in

31         certain circumstances; requiring each insurer

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    Florida Senate - 2007                                  SB 2626
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 1         that has issued a policy providing medical

 2         payments coverage to report the renewal,

 3         cancellation, or nonrenewal of each policy to

 4         the Department of Highway Safety and Motor

 5         Vehicles within a specified period after the

 6         effective date of each renewal, cancellation,

 7         or nonrenewal; requiring each insurer that

 8         issues a new policy providing medical payments

 9         coverage to report such issuance to the

10         department within a specified period after

11         issuance; providing for the form and contents

12         of such reports; providing that such reports

13         are confidential; limiting the department's use

14         of such reports; providing for the release of

15         certain information regarding insurance

16         coverage upon the written request of specified

17         parties in the event of an automobile accident;

18         requiring a written request for release of

19         information to include a copy of the

20         appropriate accident form; requiring insurers

21         to notify the named insured in writing that any

22         cancellation or nonrenewal of the policy will

23         be reported to the department; requiring that

24         the notice include certain additional

25         information; providing that there is no civil

26         liability due to the insurer's failure to

27         provide such notice; deleting provisions

28         regarding payment of benefits, rights of an

29         insured, charges for treatment of injured

30         persons, billing requirements, disputes, mental

31         and physical examinations of injured persons,

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 1         attorney's fees, demand letters, actions for

 2         fraud, minimum benefit coverage, and fraud

 3         advisory notice; providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Paragraphs (a) and (d) of subsection (5) of

 8  section 320.02, Florida Statutes, are amended to read:

 9         320.02  Registration required; application for

10  registration; forms.--

11         (5)(a)  Proof that medical payments coverage personal

12  injury protection benefits have been purchased when required

13  under s. 627.733, that property damage liability coverage has

14  been purchased as required under s. 324.022, and that combined

15  bodily liability insurance and property damage liability

16  insurance have been purchased when required under s. 627.7415

17  shall be provided in the manner prescribed by law by the

18  applicant at the time of application for registration of any

19  motor vehicle owned as defined in s. 627.736(3) s. 627.732.

20  The issuing agent shall refuse to issue registration if such

21  proof of purchase is not provided. Insurers shall furnish

22  uniform proof-of-purchase cards in a form prescribed by the

23  department and shall include the name of the insured's

24  insurance company, the coverage identification number, the

25  make, year, and vehicle identification number of the vehicle

26  insured. The card shall contain a statement notifying the

27  applicant of the penalty specified in s. 316.646(4).  The card

28  or insurance policy, insurance policy binder, or certificate

29  of insurance or a photocopy of any of these; an affidavit

30  containing the name of the insured's insurance company, the

31  insured's policy number, and the make and year of the vehicle

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 1  insured; or such other proof as may be prescribed by the

 2  department shall constitute sufficient proof of purchase.  If

 3  an affidavit is provided as proof, it shall be in

 4  substantially the following form:

 5  

 6  Under penalty of perjury, I (Name of insured) do hereby

 7  certify that I have (Medical Payments Coverage Personal Injury

 8  Protection, Property Damage Liability, and, when required,

 9  Bodily Injury Liability) Insurance currently in effect with

10  (Name of insurance company) under (policy number) covering

11  (make, year, and vehicle identification number of vehicle).

12  (Signature of Insured)

13  

14  Such affidavit shall include the following warning:

15  

16  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE

17  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA

18  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS

19  SUBJECT TO PROSECUTION.

20  

21  When an application is made through a licensed motor vehicle

22  dealer as required in s. 319.23, the original or a photostatic

23  copy of such card, insurance policy, insurance policy binder,

24  or certificate of insurance or the original affidavit from the

25  insured shall be forwarded by the dealer to the tax collector

26  of the county or the Department of Highway Safety and Motor

27  Vehicles for processing.  By executing the aforesaid

28  affidavit, no licensed motor vehicle dealer will be liable in

29  damages for any inadequacy, insufficiency, or falsification of

30  any statement contained therein. A card shall also indicate

31  

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 1  the existence of any bodily injury liability insurance

 2  voluntarily purchased.

 3         (d)  The verifying of proof of medical payments

 4  coverage personal injury protection insurance, proof of

 5  combined bodily liability insurance and property damage

 6  liability insurance, or proof of financial responsibility

 7  insurance and the issuance or failure to issue the motor

 8  vehicle registration under the provisions of this chapter may

 9  not be construed in any court as a warranty of the reliability

10  or accuracy of the evidence of such proof.  Neither the

11  department nor any tax collector is liable in damages for any

12  inadequacy, insufficiency, falsification, or unauthorized

13  modification of any item of the proof of medical payments

14  coverage personal injury protection insurance, proof of

15  combined bodily liability insurance and property damage

16  liability insurance, or proof of financial responsibility

17  insurance either prior to, during, or subsequent to the

18  verification of the proof. The issuance of a motor vehicle

19  registration does not constitute prima facie evidence or a

20  presumption of insurance coverage.

21         Section 2.  Subsection (1) of section 324.021, Florida

22  Statutes, is amended to read:

23         324.021  Definitions; minimum insurance required.--The

24  following words and phrases when used in this chapter shall,

25  for the purpose of this chapter, have the meanings

26  respectively ascribed to them in this section, except in those

27  instances where the context clearly indicates a different

28  meaning:

29         (1)  MOTOR VEHICLE.--Every self-propelled vehicle which

30  is designed and required to be licensed for use upon a

31  highway, including trailers and semitrailers designed for use

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 1  with such vehicles, except traction engines, road rollers,

 2  farm tractors, power shovels, and well drillers, and every

 3  vehicle which is propelled by electric power obtained from

 4  overhead wires but not operated upon rails, but not including

 5  any bicycle or moped. However, the term "motor vehicle" shall

 6  not include any motor vehicle as defined in s. 627.736(3) s.

 7  627.732(3) when the owner of such vehicle has complied with

 8  the requirements of s. 627.736 ss. 627.730-627.7405,

 9  inclusive, unless the provisions of s. 324.051 apply; and, in

10  such case, the applicable proof of insurance provisions of s.

11  320.02 apply.

12         Section 3.  Section 324.022, Florida Statutes, is

13  amended to read:

14         324.022  Financial responsibility for property

15  damage.--Every owner or operator of a motor vehicle, which

16  motor vehicle is subject to the requirements of s. 627.736 ss.

17  627.730-627.7405 and required to be registered in this state,

18  shall, by one of the methods established in s. 324.031 or by

19  having a policy that complies with s. 627.7275, establish and

20  maintain the ability to respond in damages for liability on

21  account of accidents arising out of the use of the motor

22  vehicle in the amount of $10,000 because of damage to, or

23  destruction of, property of others in any one crash.  The

24  requirements of this section may also be met by having a

25  policy which provides coverage in the amount of at least

26  $30,000 for combined property damage liability and bodily

27  injury liability for any one crash arising out of the use of

28  the motor vehicle. No insurer shall have any duty to defend

29  uncovered claims irrespective of their joinder with covered

30  claims.

31  

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 1         Section 4.  Subsection (1) of section 627.7275, Florida

 2  Statutes, is amended to read:

 3         627.7275  Motor vehicle liability.--

 4         (1)  A motor vehicle insurance policy providing medical

 5  payments coverage personal injury protection as set forth in

 6  s. 627.736 may not be delivered or issued for delivery in this

 7  state with respect to any specifically insured or identified

 8  motor vehicle registered or principally garaged in this state

 9  unless the policy also provides coverage for property damage

10  liability in the amount of at least $10,000 because of damage

11  to, or destruction of, property of others in any one accident

12  arising out of the use of the motor vehicle or unless the

13  policy provides coverage in the amount of at least $30,000 for

14  combined property damage liability and bodily injury liability

15  in any one accident arising out of the use of the motor

16  vehicle. The policy, as to coverage of property damage

17  liability, must meet the applicable requirements of s.

18  324.151, subject to the usual policy exclusions that have been

19  approved in policy forms by the office.

20         Section 5.  Paragraph (a) of subsection (1), paragraph

21  (a) of subsection (5), and subsection (7) of section 627.7295,

22  Florida Statutes, are amended to read:

23         627.7295  Motor vehicle insurance contracts.--

24         (1)  As used in this section, the term:

25         (a)  "Policy" means a motor vehicle insurance policy

26  that provides medical payments coverage personal injury

27  protection and property damage liability coverage.

28         (5)(a)  A licensed general lines agent may charge a

29  per-policy fee not to exceed $10 to cover the administrative

30  costs of the agent associated with selling the motor vehicle

31  insurance policy if the policy covers only medical payments

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 1  personal injury protection coverage as provided by s. 627.736

 2  and property damage liability coverage as provided by s.

 3  627.7275 and if no other insurance is sold or issued in

 4  conjunction with or collateral to the policy. The fee is not

 5  considered part of the premium.

 6         (7)  A policy of private passenger motor vehicle

 7  insurance or a binder for such a policy may be initially

 8  issued in this state only if the insurer or agent has

 9  collected from the insured an amount equal to 2 months'

10  premium.  An insurer, agent, or premium finance company may

11  not directly or indirectly take any action resulting in the

12  insured having paid from the insured's own funds an amount

13  less than the 2 months' premium required by this subsection.

14  This subsection applies without regard to whether the premium

15  is financed by a premium finance company or is paid pursuant

16  to a periodic payment plan of an insurer or an insurance

17  agent.  This subsection does not apply if an insured or member

18  of the insured's family is renewing or replacing a policy or a

19  binder for such policy written by the same insurer or a member

20  of the same insurer group.  This subsection does not apply to

21  an insurer that issues private passenger motor vehicle

22  coverage primarily to active duty or former military personnel

23  or their dependents. This subsection does not apply if all

24  policy payments are paid pursuant to a payroll deduction plan

25  or an automatic electronic funds transfer payment plan from

26  the policyholder, provided that the first policy payment is

27  made by cash, cashier's check, check, or a money order. This

28  subsection and subsection (4) do not apply if all policy

29  payments to an insurer are paid pursuant to an automatic

30  electronic funds transfer payment plan from an agent or a

31  managing general agent and if the policy includes, at a

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 1  minimum, medical payments coverage personal injury protection

 2  pursuant to s. 627.736 ss. 627.730-627.7405; motor vehicle

 3  property damage liability pursuant to s. 627.7275; and bodily

 4  injury liability in at least the amount of $10,000 because of

 5  bodily injury to, or death of, one person in any one accident

 6  and in the amount of $20,000 because of bodily injury to, or

 7  death of, two or more persons in any one accident. This

 8  subsection and subsection (4) do not apply if an insured has

 9  had a policy in effect for at least 6 months, the insured's

10  agent is terminated by the insurer that issued the policy, and

11  the insured obtains coverage on the policy's renewal date with

12  a new company through the terminated agent.

13         Section 6.  Paragraph (b) of subsection (1) and

14  subsections (3) and (4) of section 627.733, Florida Statutes,

15  are amended to read:

16         627.733  Required security.--

17         (1)

18         (b)  Every owner or registrant of a motor vehicle used

19  as a taxicab shall not be governed by paragraph (1)(a) but

20  shall maintain security as required under s. 324.032(1), and

21  s. 627.737 shall not apply to any motor vehicle used as a

22  taxicab.

23         (3)  Such security shall be provided:

24         (a)  By an insurance policy delivered or issued for

25  delivery in this state by an authorized or eligible motor

26  vehicle liability insurer which provides the benefits and

27  exemptions contained in s. 627.736 ss. 627.730-627.7405.  Any

28  policy of insurance represented or sold as providing the

29  security required hereunder shall be deemed to provide

30  insurance for the payment of the required benefits; or

31  

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 1         (b)  By any other method authorized by s. 324.031(2),

 2  (3), or (4) and approved by the Department of Highway Safety

 3  and Motor Vehicles as affording security equivalent to that

 4  afforded by a policy of insurance or by self-insuring as

 5  authorized by s. 768.28(16). The person filing such security

 6  shall have all of the obligations and rights of an insurer

 7  under s. 627.736 ss. 627.730-627.7405.

 8         (4)  An owner of a motor vehicle with respect to which

 9  security is required by this section who fails to have such

10  security in effect at the time of an accident shall have no

11  immunity from tort liability, but shall be personally liable

12  for the payment of benefits under s. 627.736.  With respect to

13  such benefits, such an owner shall have all of the rights and

14  obligations of an insurer under s. 627.736 ss.

15  627.730-627.7405.

16         Section 7.  Section 627.734, Florida Statutes, is

17  amended to read:

18         627.734  Proof of security; security requirements;

19  penalties.--

20         (1)  The provisions of chapter 324 which pertain to the

21  method of giving and maintaining proof of financial

22  responsibility and which govern and define a motor vehicle

23  liability policy shall apply to filing and maintaining proof

24  of security required by s. 627.736 ss. 627.730-627.7405.

25         (2)  Any person who:

26         (a)  Gives information required in a report or

27  otherwise as provided for in s. 627.736 ss. 627.730-627.7405,

28  knowing or having reason to believe that such information is

29  false;

30         (b)  Forges or, without authority, signs any evidence

31  of proof of security; or

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 1         (c)  Files, or offers for filing, any such evidence of

 2  proof, knowing or having reason to believe that it is forged

 3  or signed without authority,

 4  

 5  commits is guilty of a misdemeanor of the first degree,

 6  punishable as provided in s. 775.082 or s. 775.083.

 7         Section 8.  Section 627.736, Florida Statutes, is

 8  amended to read:

 9         627.736  Required medical payments coverage personal

10  injury protection benefits; exclusions; priority; claims.--

11         (1)  REQUIRED BENEFITS.--Every insurance policy

12  complying with the security requirements of s. 627.733 shall

13  provide medical payments coverage personal injury protection

14  to the named insured, relatives residing in the same

15  household, persons operating the insured motor vehicle,

16  passengers in such motor vehicle, and other persons struck by

17  such motor vehicle and suffering bodily injury while not an

18  occupant of a self-propelled vehicle, subject to the

19  provisions of subsection (2) and paragraph (4)(d), to a limit

20  of $10,000 for loss sustained by any such person as a result

21  of bodily injury, sickness, disease, or death arising out of

22  the ownership, maintenance, or use of a motor vehicle as

23  follows:

24         (1)(a)  MEDICAL PAYMENTS COVERAGE benefits.--Medical

25  expenses incurred for bodily injury caused by an automobile

26  crash for the named insured or the named insured's relatives

27  residing in the same household, a pedestrian injured by any

28  self-propelled vehicle or trailer, or any other person

29  occupying a motor vehicle covered under the policy. Medical

30  expenses up to $25,000 per person or $50,000 per accident for

31  injuries resulting from being struck by an automobile,

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 1  involved in an automobile crash, or struck by any other

 2  self-propelled vehicle or trailer shall be limited to the

 3  provision of:

 4         (a)  Transport and treatment rendered by an ambulance

 5  provider licensed under part III of chapter 401;

 6         (b)  Emergency services and care as defined in s.

 7  395.002 rendered by physicians and hospitals in a hospital

 8  emergency department, trauma center, or inpatient department

 9  licensed under chapter 395; and

10         (c)  Subsequent medically necessary hospital and

11  physician inpatient care resulting from a motor vehicle crash,

12  if the patient is admitted within 72 hours after the motor

13  vehicle crash. Eighty percent of all reasonable expenses for

14  medically necessary medical, surgical, X-ray, dental, and

15  rehabilitative services, including prosthetic devices, and

16  medically necessary ambulance, hospital, and nursing services.

17  Such benefits shall also include necessary remedial treatment

18  and services recognized and permitted under the laws of the

19  state for an injured person who relies upon spiritual means

20  through prayer alone for healing, in accordance with his or

21  her religious beliefs; however, this sentence does not affect

22  the determination of what other services or procedures are

23  medically necessary.

24         (2)  PREFERRED PROVIDER NETWORKS.--An insurer may

25  negotiate and enter into contracts with licensed health care

26  providers for the benefits described in this section. As used

27  in this section, the term "preferred providers" shall include

28  health care providers licensed under chapter 395, chapter 401,

29  chapter 458, chapter 459, chapter 460, chapter 461, or chapter

30  463. An insurer may negotiate and enter into contracts with

31  health insurers for preferred provider networks created

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 1  pursuant to s. 627.6471 or workers' compensation insurers for

 2  preferred provider networks created pursuant to s. 440.134 to

 3  provide the benefits required under this section. The insurer

 4  shall provide each policyholder with a current roster of

 5  preferred providers in the county in which the insured resides

 6  at the time of purchase of such policy, and shall make such

 7  list available for public inspection during regular business

 8  hours at the principal office of the insurer within the state.

 9         (3)  DEFINITIONS.--

10         (a)  "Motor vehicle" means any self-propelled vehicle

11  having four or more wheels which is of a type both designed

12  and required to be licensed for use on the highways of this

13  state and any trailer or semitrailer designed for use with

14  such vehicle.

15         (b)  A "private passenger motor vehicle," means any

16  motor vehicle that is a sedan, station wagon, or jeep-type

17  vehicle, and, if not used primarily for occupational,

18  professional, or business purposes, a motor vehicle of the

19  pickup, panel, van, camper, or motor home type.

20         (c)  A "commercial motor vehicle," means any motor

21  vehicle that is not a motor vehicle used to carry private

22  passengers. The term "motor vehicle" does not include a mobile

23  home or any vehicle used in mass transit other than public

24  school transportation and designed to transport more than five

25  passengers exclusive of the operator of the vehicle, and which

26  is owned by a municipality, a transit authority, or a

27  political subdivision of the state.

28         (d)  "Named insured" means a person, usually the owner

29  of a vehicle, identified in a policy by name as the insured

30  under the policy.

31  

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 1         (e)  "Owner" means a person who holds the legal title

 2  to a motor vehicle, or the debtor or lessee who has the right

 3  to possession if a motor vehicle is the subject of a security

 4  agreement or lease with an option to purchase.

 5         (f)  "Relative residing in the same household" means a

 6  relative of any degree by blood or by marriage who usually

 7  makes her or his home in the same family unit, whether or not

 8  temporarily living elsewhere.

 9         (b)  Disability benefits.--Sixty percent of any loss of

10  gross income and loss of earning capacity per individual from

11  inability to work proximately caused by the injury sustained

12  by the injured person, plus all expenses reasonably incurred

13  in obtaining from others ordinary and necessary services in

14  lieu of those that, but for the injury, the injured person

15  would have performed without income for the benefit of his or

16  her household. All disability benefits payable under this

17  provision shall be paid not less than every 2 weeks.

18         (c)  Death benefits.--Death benefits of $5,000 per

19  individual.  The insurer may pay such benefits to the executor

20  or administrator of the deceased, to any of the deceased's

21  relatives by blood or legal adoption or connection by

22  marriage, or to any person appearing to the insurer to be

23  equitably entitled thereto.

24         (4)  LIMITATIONS.--Only insurers writing motor vehicle

25  liability insurance in this state may provide the required

26  benefits of this section, and no such insurers insurer may not

27  shall require the purchase of any other motor vehicle coverage

28  other than the purchase of property damage liability coverage

29  as required by s. 627.7275 as a condition for providing such

30  required benefits. Insurers may not require that property

31  damage liability insurance in an amount greater than $10,000

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 1  be purchased in conjunction with medical payments coverage

 2  personal injury protection. Such insurers shall make benefits

 3  and required property damage liability insurance coverage

 4  available through normal marketing channels. Any insurer

 5  writing motor vehicle liability insurance in this state who

 6  fails to comply with such availability requirement as a

 7  general business practice violates shall be deemed to have

 8  violated part IX of chapter 626, and such violation

 9  constitutes shall constitute an unfair method of competition

10  or an unfair or deceptive act or practice involving the

11  business of insurance.; and Any such insurer committing such

12  violation is shall be subject to the penalties afforded in

13  such part, as well as those which may be afforded elsewhere in

14  the insurance code.

15         (5)  BENEFITS.--Benefits due from an insurer pursuant

16  to this section shall be primary, except that benefits

17  received under any workers' compensation law shall be credited

18  against the benefits provided by subsection (1) and shall be

19  due and payable as loss accrues, upon receipt of reasonable

20  proof of such loss and the amount of expenses and loss

21  incurred which are covered by the policy issued under this

22  section. When the Agency for Health Care Administration

23  provides, pays, or becomes liable for medical assistance under

24  the Medicaid program related to injury, sickness, disease, or

25  death arising out of the ownership, maintenance, or use of a

26  motor vehicle, benefits under this section are subject to the

27  provisions of the Medicaid program.

28         (6)  NOTICES.--

29         (a)  Each insurer that has issued a policy providing

30  medical payments coverage benefits shall report the renewal,

31  cancellation, or nonrenewal thereof to the Department of

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 1  Highway Safety and Motor Vehicles within 45 days after the

 2  effective date of the renewal, cancellation, or nonrenewal.

 3  Upon the issuance of a policy providing medical payments

 4  coverage benefits to a named insured not previously insured by

 5  the insurer during that calendar year, the insurer shall

 6  report the issuance of the new policy to the Department of

 7  Highway Safety and Motor Vehicles within 30 days. The report

 8  must be in such form and format and contain such information

 9  as is required by the department, and must include a format

10  compatible with the data processing capabilities of the

11  department. Failure by an insurer to file proper reports with

12  the department constitutes a violation of the Florida

13  Insurance Code. Reports of cancellations and policy renewals

14  and reports of the issuance of new policies received by the

15  department are confidential and exempt from the provisions of

16  s. 119.07(1). These records shall be used for enforcement and

17  regulatory purposes only, including the generation by the

18  department of data regarding compliance by owners of motor

19  vehicles with financial responsibility coverage requirements.

20  In addition, the department shall release, upon a written

21  request by a person involved in a motor vehicle accident, the

22  name of the person's attorney or of a representative of the

23  person's motor vehicle insurer, the name of the insurance

24  company, and the policy number for the policy covering the

25  vehicle named by the requesting party. The written request

26  must include a copy of the appropriate accident form as

27  provided in s. 316.065, s. 316.066, or s. 316.068.

28         (b)  For each insurance policy providing medical

29  payments coverage benefits, the insurer shall notify the named

30  insured or, in the case of a commercial fleet policy, the

31  first named insured in writing that any cancellation or

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 1  nonrenewal of the policy will be reported by the insurer to

 2  the department. The notice must also inform the named insured

 3  that failure to maintain medical payments coverage and

 4  property damage liability insurance on a motor vehicle when

 5  required by law may result in the loss of registration and

 6  driving privileges in this state, and the notice must inform

 7  the named insured of the amount of the reinstatement fees

 8  required by s. 627.733(7). This notice is for informational

 9  purposes only, and an insurer is not civilly liable for

10  failing to provide this notice.

11         (c)  The department may adopt rules to administer this

12  subsection.

13         (2)  AUTHORIZED EXCLUSIONS.--Any insurer may exclude

14  benefits:

15         (a)  For injury sustained by the named insured and

16  relatives residing in the same household while occupying

17  another motor vehicle owned by the named insured and not

18  insured under the policy or for injury sustained by any person

19  operating the insured motor vehicle without the express or

20  implied consent of the insured.

21         (b)  To any injured person, if such person's conduct

22  contributed to his or her injury under any of the following

23  circumstances:

24         1.  Causing injury to himself or herself intentionally;

25  or

26         2.  Being injured while committing a felony.

27  

28  Whenever an insured is charged with conduct as set forth in

29  subparagraph 2., the 30-day payment provision of paragraph

30  (4)(b) shall be held in abeyance, and the insurer shall

31  withhold payment of any personal injury protection benefits

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 1  pending the outcome of the case at the trial level.  If the

 2  charge is nolle prossed or dismissed or the insured is

 3  acquitted, the 30-day payment provision shall run from the

 4  date the insurer is notified of such action.

 5         (3)  INSURED'S RIGHTS TO RECOVERY OF SPECIAL DAMAGES IN

 6  TORT CLAIMS.--No insurer shall have a lien on any recovery in

 7  tort by judgment, settlement, or otherwise for personal injury

 8  protection benefits, whether suit has been filed or settlement

 9  has been reached without suit.  An injured party who is

10  entitled to bring suit under the provisions of ss.

11  627.730-627.7405, or his or her legal representative, shall

12  have no right to recover any damages for which personal injury

13  protection benefits are paid or payable. The plaintiff may

14  prove all of his or her special damages notwithstanding this

15  limitation, but if special damages are introduced in evidence,

16  the trier of facts, whether judge or jury, shall not award

17  damages for personal injury protection benefits paid or

18  payable.  In all cases in which a jury is required to fix

19  damages, the court shall instruct the jury that the plaintiff

20  shall not recover such special damages for personal injury

21  protection benefits paid or payable.

22         (4)  BENEFITS; WHEN DUE.--Benefits due from an insurer

23  under ss. 627.730-627.7405 shall be primary, except that

24  benefits received under any workers' compensation law shall be

25  credited against the benefits provided by subsection (1) and

26  shall be due and payable as loss accrues, upon receipt of

27  reasonable proof of such loss and the amount of expenses and

28  loss incurred which are covered by the policy issued under ss.

29  627.730-627.7405. When the Agency for Health Care

30  Administration provides, pays, or becomes liable for medical

31  assistance under the Medicaid program related to injury,

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 1  sickness, disease, or death arising out of the ownership,

 2  maintenance, or use of a motor vehicle, benefits under ss.

 3  627.730-627.7405 shall be subject to the provisions of the

 4  Medicaid program.

 5         (a)  An insurer may require written notice to be given

 6  as soon as practicable after an accident involving a motor

 7  vehicle with respect to which the policy affords the security

 8  required by ss. 627.730-627.7405.

 9         (b)  Personal injury protection insurance benefits paid

10  pursuant to this section shall be overdue if not paid within

11  30 days after the insurer is furnished written notice of the

12  fact of a covered loss and of the amount of same. If such

13  written notice is not furnished to the insurer as to the

14  entire claim, any partial amount supported by written notice

15  is overdue if not paid within 30 days after such written

16  notice is furnished to the insurer.  Any part or all of the

17  remainder of the claim that is subsequently supported by

18  written notice is overdue if not paid within 30 days after

19  such written notice is furnished to the insurer. When an

20  insurer pays only a portion of a claim or rejects a claim, the

21  insurer shall provide at the time of the partial payment or

22  rejection an itemized specification of each item that the

23  insurer had reduced, omitted, or declined to pay and any

24  information that the insurer desires the claimant to consider

25  related to the medical necessity of the denied treatment or to

26  explain the reasonableness of the reduced charge, provided

27  that this shall not limit the introduction of evidence at

28  trial; and the insurer shall include the name and address of

29  the person to whom the claimant should respond and a claim

30  number to be referenced in future correspondence.  However,

31  notwithstanding the fact that written notice has been

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 1  furnished to the insurer, any payment shall not be deemed

 2  overdue when the insurer has reasonable proof to establish

 3  that the insurer is not responsible for the payment. For the

 4  purpose of calculating the extent to which any benefits are

 5  overdue, payment shall be treated as being made on the date a

 6  draft or other valid instrument which is equivalent to payment

 7  was placed in the United States mail in a properly addressed,

 8  postpaid envelope or, if not so posted, on the date of

 9  delivery. This paragraph does not preclude or limit the

10  ability of the insurer to assert that the claim was unrelated,

11  was not medically necessary, or was unreasonable or that the

12  amount of the charge was in excess of that permitted under, or

13  in violation of, subsection (5). Such assertion by the insurer

14  may be made at any time, including after payment of the claim

15  or after the 30-day time period for payment set forth in this

16  paragraph.

17         (c)  All overdue payments shall bear simple interest at

18  the rate established under s. 55.03 or the rate established in

19  the insurance contract, whichever is greater, for the year in

20  which the payment became overdue, calculated from the date the

21  insurer was furnished with written notice of the amount of

22  covered loss. Interest shall be due at the time payment of the

23  overdue claim is made.

24         (d)  The insurer of the owner of a motor vehicle shall

25  pay personal injury protection benefits for:

26         1.  Accidental bodily injury sustained in this state by

27  the owner while occupying a motor vehicle, or while not an

28  occupant of a self-propelled vehicle if the injury is caused

29  by physical contact with a motor vehicle.

30         2.  Accidental bodily injury sustained outside this

31  state, but within the United States of America or its

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 1  territories or possessions or Canada, by the owner while

 2  occupying the owner's motor vehicle.

 3         3.  Accidental bodily injury sustained by a relative of

 4  the owner residing in the same household, under the

 5  circumstances described in subparagraph 1. or subparagraph 2.,

 6  provided the relative at the time of the accident is domiciled

 7  in the owner's household and is not himself or herself the

 8  owner of a motor vehicle with respect to which security is

 9  required under ss. 627.730-627.7405.

10         4.  Accidental bodily injury sustained in this state by

11  any other person while occupying the owner's motor vehicle or,

12  if a resident of this state, while not an occupant of a

13  self-propelled vehicle, if the injury is caused by physical

14  contact with such motor vehicle, provided the injured person

15  is not himself or herself:

16         a.  The owner of a motor vehicle with respect to which

17  security is required under ss. 627.730-627.7405; or

18         b.  Entitled to personal injury benefits from the

19  insurer of the owner or owners of such a motor vehicle.

20         (e)  If two or more insurers are liable to pay personal

21  injury protection benefits for the same injury to any one

22  person, the maximum payable shall be as specified in

23  subsection (1), and any insurer paying the benefits shall be

24  entitled to recover from each of the other insurers an

25  equitable pro rata share of the benefits paid and expenses

26  incurred in processing the claim.

27         (f)  It is a violation of the insurance code for an

28  insurer to fail to timely provide benefits as required by this

29  section with such frequency as to constitute a general

30  business practice.

31  

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 1         (g)  Benefits shall not be due or payable to or on the

 2  behalf of an insured person if that person has committed, by a

 3  material act or omission, any insurance fraud relating to

 4  personal injury protection coverage under his or her policy,

 5  if the fraud is admitted to in a sworn statement by the

 6  insured or if it is established in a court of competent

 7  jurisdiction. Any insurance fraud shall void all coverage

 8  arising from the claim related to such fraud under the

 9  personal injury protection coverage of the insured person who

10  committed the fraud, irrespective of whether a portion of the

11  insured person's claim may be legitimate, and any benefits

12  paid prior to the discovery of the insured person's insurance

13  fraud shall be recoverable by the insurer from the person who

14  committed insurance fraud in their entirety. The prevailing

15  party is entitled to its costs and attorney's fees in any

16  action in which it prevails in an insurer's action to enforce

17  its right of recovery under this paragraph.

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

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

20  or institution lawfully rendering treatment to an injured

21  person for a bodily injury covered by personal injury

22  protection insurance may charge the insurer and injured party

23  only a reasonable amount pursuant to this section for the

24  services and supplies rendered, and the insurer providing such

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

26  institution lawfully rendering such treatment, if the insured

27  receiving such treatment or his or her guardian has

28  countersigned the properly completed invoice, bill, or claim

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

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

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

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

 2  person or institution customarily charges for like services or

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

 4  for a particular service, treatment, or otherwise is

 5  reasonable, consideration may be given to evidence of usual

 6  and customary charges and payments accepted by the provider

 7  involved in the dispute, and reimbursement levels in the

 8  community and various federal and state medical fee schedules

 9  applicable to automobile and other insurance coverages, and

10  other information relevant to the reasonableness of the

11  reimbursement for the service, treatment, or supply.

12         (b)1.  An insurer or insured is not required to pay a

13  claim or charges:

14         a.  Made by a broker or by a person making a claim on

15  behalf of a broker;

16         b.  For any service or treatment that was not lawful at

17  the time rendered;

18         c.  To any person who knowingly submits a false or

19  misleading statement relating to the claim or charges;

20         d.  With respect to a bill or statement that does not

21  substantially meet the applicable requirements of paragraph

22  (d);

23         e.  For any treatment or service that is upcoded, or

24  that is unbundled when such treatment or services should be

25  bundled, in accordance with paragraph (d). To facilitate

26  prompt payment of lawful services, an insurer may change codes

27  that it determines to have been improperly or incorrectly

28  upcoded or unbundled, and may make payment based on the

29  changed codes, without affecting the right of the provider to

30  dispute the change by the insurer, provided that before doing

31  so, the insurer must contact the health care provider and

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 1  discuss the reasons for the insurer's change and the health

 2  care provider's reason for the coding, or make a reasonable

 3  good faith effort to do so, as documented in the insurer's

 4  file; and

 5         f.  For medical services or treatment billed by a

 6  physician and not provided in a hospital unless such services

 7  are rendered by the physician or are incident to his or her

 8  professional services and are included on the physician's

 9  bill, including documentation verifying that the physician is

10  responsible for the medical services that were rendered and

11  billed.

12         2.  Charges for medically necessary cephalic

13  thermograms, peripheral thermograms, spinal ultrasounds,

14  extremity ultrasounds, video fluoroscopy, and surface

15  electromyography shall not exceed the maximum reimbursement

16  allowance for such procedures as set forth in the applicable

17  fee schedule or other payment methodology established pursuant

18  to s. 440.13.

19         3.  Allowable amounts that may be charged to a personal

20  injury protection insurance insurer and insured for medically

21  necessary nerve conduction testing when done in conjunction

22  with a needle electromyography procedure and both are

23  performed and billed solely by a physician licensed under

24  chapter 458, chapter 459, chapter 460, or chapter 461 who is

25  also certified by the American Board of Electrodiagnostic

26  Medicine or by a board recognized by the American Board of

27  Medical Specialties or the American Osteopathic Association or

28  who holds diplomate status with the American Chiropractic

29  Neurology Board or its predecessors shall not exceed 200

30  percent of the allowable amount under the participating

31  physician fee schedule of Medicare Part B for year 2001, for

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 1  the area in which the treatment was rendered, adjusted

 2  annually on August 1 to reflect the prior calendar year's

 3  changes in the annual Medical Care Item of the Consumer Price

 4  Index for All Urban Consumers in the South Region as

 5  determined by the Bureau of Labor Statistics of the United

 6  States Department of Labor.

 7         4.  Allowable amounts that may be charged to a personal

 8  injury protection insurance insurer and insured for medically

 9  necessary nerve conduction testing that does not meet the

10  requirements of subparagraph 3. shall not exceed the

11  applicable fee schedule or other payment methodology

12  established pursuant to s. 440.13.

13         5.  Allowable amounts that may be charged to a personal

14  injury protection insurance insurer and insured for magnetic

15  resonance imaging services shall not exceed 175 percent of the

16  allowable amount under the participating physician fee

17  schedule of Medicare Part B for year 2001, for the area in

18  which the treatment was rendered, adjusted annually on August

19  1 to reflect the prior calendar year's changes in the annual

20  Medical Care Item of the Consumer Price Index for All Urban

21  Consumers in the South Region as determined by the Bureau of

22  Labor Statistics of the United States Department of Labor for

23  the 12-month period ending June 30 of that year, except that

24  allowable amounts that may be charged to a personal injury

25  protection insurance insurer and insured for magnetic

26  resonance imaging services provided in facilities accredited

27  by the Accreditation Association for Ambulatory Health Care,

28  the American College of Radiology, or the Joint Commission on

29  Accreditation of Healthcare Organizations shall not exceed 200

30  percent of the allowable amount under the participating

31  physician fee schedule of Medicare Part B for year 2001, for

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 1  the area in which the treatment was rendered, adjusted

 2  annually on August 1 to reflect the prior calendar year's

 3  changes in the annual Medical Care Item of the Consumer Price

 4  Index for All Urban Consumers in the South Region as

 5  determined by the Bureau of Labor Statistics of the United

 6  States Department of Labor for the 12-month period ending June

 7  30 of that year. This paragraph does not apply to charges for

 8  magnetic resonance imaging services and nerve conduction

 9  testing for inpatients and emergency services and care as

10  defined in chapter 395 rendered by facilities licensed under

11  chapter 395.

12         6.  The Department of Health, in consultation with the

13  appropriate professional licensing boards, shall adopt, by

14  rule, a list of diagnostic tests deemed not to be medically

15  necessary for use in the treatment of persons sustaining

16  bodily injury covered by personal injury protection benefits

17  under this section. The initial list shall be adopted by

18  January 1, 2004, and shall be revised from time to time as

19  determined by the Department of Health, in consultation with

20  the respective professional licensing boards. Inclusion of a

21  test on the list of invalid diagnostic tests shall be based on

22  lack of demonstrated medical value and a level of general

23  acceptance by the relevant provider community and shall not be

24  dependent for results entirely upon subjective patient

25  response. Notwithstanding its inclusion on a fee schedule in

26  this subsection, an insurer or insured is not required to pay

27  any charges or reimburse claims for any invalid diagnostic

28  test as determined by the Department of Health.

29         (c)1.  With respect to any treatment or service, other

30  than medical services billed by a hospital or other provider

31  for emergency services as defined in s. 395.002 or inpatient

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 1  services rendered at a hospital-owned facility, the statement

 2  of charges must be furnished to the insurer by the provider

 3  and may not include, and the insurer is not required to pay,

 4  charges for treatment or services rendered more than 35 days

 5  before the postmark date of the statement, except for past due

 6  amounts previously billed on a timely basis under this

 7  paragraph, and except that, if the provider submits to the

 8  insurer a notice of initiation of treatment within 21 days

 9  after its first examination or treatment of the claimant, the

10  statement may include charges for treatment or services

11  rendered up to, but not more than, 75 days before the postmark

12  date of the statement. The injured party is not liable for,

13  and the provider shall not bill the injured party for, charges

14  that are unpaid because of the provider's failure to comply

15  with this paragraph. Any agreement requiring the injured

16  person or insured to pay for such charges is unenforceable.

17         2.  If, however, the insured fails to furnish the

18  provider with the correct name and address of the insured's

19  personal injury protection insurer, the provider has 35 days

20  from the date the provider obtains the correct information to

21  furnish the insurer with a statement of the charges. The

22  insurer is not required to pay for such charges unless the

23  provider includes with the statement documentary evidence that

24  was provided by the insured during the 35-day period

25  demonstrating that the provider reasonably relied on erroneous

26  information from the insured and either:

27         a.  A denial letter from the incorrect insurer; or

28         b.  Proof of mailing, which may include an affidavit

29  under penalty of perjury, reflecting timely mailing to the

30  incorrect address or insurer.

31  

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 1         3.  For emergency services and care as defined in s.

 2  395.002 rendered in a hospital emergency department or for

 3  transport and treatment rendered by an ambulance provider

 4  licensed pursuant to part III of chapter 401, the provider is

 5  not required to furnish the statement of charges within the

 6  time periods established by this paragraph; and the insurer

 7  shall not be considered to have been furnished with notice of

 8  the amount of covered loss for purposes of paragraph (4)(b)

 9  until it receives a statement complying with paragraph (d), or

10  copy thereof, which specifically identifies the place of

11  service to be a hospital emergency department or an ambulance

12  in accordance with billing standards recognized by the Health

13  Care Finance Administration.

14         4.  Each notice of insured's rights under s. 627.7401

15  must include the following statement in type no smaller than

16  12 points:

17  

18         BILLING REQUIREMENTS.--Florida Statutes provide

19         that with respect to any treatment or services,

20         other than certain hospital and emergency

21         services, the statement of charges furnished to

22         the insurer by the provider may not include,

23         and the insurer and the injured party are not

24         required to pay, charges for treatment or

25         services rendered more than 35 days before the

26         postmark date of the statement, except for past

27         due amounts previously billed on a timely

28         basis, and except that, if the provider submits

29         to the insurer a notice of initiation of

30         treatment within 21 days after its first

31         examination or treatment of the claimant, the

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 1         statement may include charges for treatment or

 2         services rendered up to, but not more than, 75

 3         days before the postmark date of the statement.

 4  

 5         (d)  All statements and bills for medical services

 6  rendered by any physician, hospital, clinic, or other person

 7  or institution shall be submitted to the insurer on a properly

 8  completed Centers for Medicare and Medicaid Services (CMS)

 9  1500 form, UB 92 forms, or any other standard form approved by

10  the office or adopted by the commission for purposes of this

11  paragraph. All billings for such services rendered by

12  providers shall, to the extent applicable, follow the

13  Physicians' Current Procedural Terminology (CPT) or Healthcare

14  Correct Procedural Coding System (HCPCS), or ICD-9 in effect

15  for the year in which services are rendered and comply with

16  the Centers for Medicare and Medicaid Services (CMS) 1500 form

17  instructions and the American Medical Association Current

18  Procedural Terminology (CPT) Editorial Panel and Healthcare

19  Correct Procedural Coding System (HCPCS). All providers other

20  than hospitals shall include on the applicable claim form the

21  professional license number of the provider in the line or

22  space provided for "Signature of Physician or Supplier,

23  Including Degrees or Credentials." In determining compliance

24  with applicable CPT and HCPCS coding, guidance shall be

25  provided by the Physicians' Current Procedural Terminology

26  (CPT) or the Healthcare Correct Procedural Coding System

27  (HCPCS) in effect for the year in which services were

28  rendered, the Office of the Inspector General (OIG),

29  Physicians Compliance Guidelines, and other authoritative

30  treatises designated by rule by the Agency for Health Care

31  Administration. No statement of medical services may include

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 1  charges for medical services of a person or entity that

 2  performed such services without possessing the valid licenses

 3  required to perform such services. For purposes of paragraph

 4  (4)(b), an insurer shall not be considered to have been

 5  furnished with notice of the amount of covered loss or medical

 6  bills due unless the statements or bills comply with this

 7  paragraph, and unless the statements or bills are properly

 8  completed in their entirety as to all material provisions,

 9  with all relevant information being provided therein.

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

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

12  medical institution providing medical services upon which a

13  claim for personal injury protection benefits is based shall

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

15  a disclosure and acknowledgment form, which reflects at a

16  minimum that:

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

18  countersign the form attesting to the fact that the services

19  set forth therein were actually rendered;

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

21  right and affirmative duty to confirm that the services were

22  actually rendered;

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

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

25  provider;

26         d.  That the physician, other licensed professional,

27  clinic, or other medical institution rendering services for

28  which payment is being claimed explained the services to the

29  insured or his or her guardian; and

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

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

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

 2  motor vehicle insurer.

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

 4  or other medical institution rendering services for which

 5  payment is being claimed has the affirmative duty to explain

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

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

 8  form with informed consent.

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

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

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

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

13         4.  The licensed medical professional rendering

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

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

16         5.  The original completed disclosure and

17  acknowledgment form shall be furnished to the insurer pursuant

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

19         6.  This disclosure and acknowledgment form is not

20  required for services billed by a provider for emergency

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

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

23  department, or for transport and  treatment rendered by an

24  ambulance provider licensed pursuant to part III of chapter

25  401.

26         7.  The Financial Services Commission shall adopt, by

27  rule, a standard disclosure and acknowledgment form that shall

28  be used to fulfill the requirements of this paragraph,

29  effective 90 days after such form is adopted and becomes

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

31  1, 2003. Until the rule is final, the provider may use a form

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 1  of its own which otherwise complies with the requirements of

 2  this paragraph.

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

 4  second or verifying signature, as on a previously signed

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

 6  file" or any similar statement.

 7         9.  The requirements of this paragraph apply only with

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

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

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

11  chronological order by date of service, that is consistent

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

13  The requirements of this subparagraph for maintaining a

14  patient log signed by the patient may be met by a hospital

15  that maintains medical records as required by s. 395.3025 and

16  applicable rules and makes such records available to the

17  insurer upon request.

18         (f)  Upon written notification by any person, an

19  insurer shall investigate any claim of improper billing by a

20  physician or other medical provider. The insurer shall

21  determine if the insured was properly billed for only those

22  services and treatments that the insured actually received. If

23  the insurer determines that the insured has been improperly

24  billed, the insurer shall notify the insured, the person

25  making the written notification and the provider of its

26  findings and shall reduce the amount of payment to the

27  provider by the amount determined to be improperly billed. If

28  a reduction is made due to such written notification by any

29  person, the insurer shall pay to the person 20 percent of the

30  amount of the reduction, up to $500. If the provider is

31  arrested due to the improper billing, then the insurer shall

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 1  pay to the person 40 percent of the amount of the reduction,

 2  up to $500.

 3         (g)  An insurer may not systematically downcode with

 4  the intent to deny reimbursement otherwise due. Such action

 5  constitutes a material misrepresentation under s.

 6  626.9541(1)(i)2.

 7         (6)  DISCOVERY OF FACTS ABOUT AN INJURED PERSON;

 8  DISPUTES.--

 9         (a)  Every employer shall, if a request is made by an

10  insurer providing personal injury protection benefits under

11  ss. 627.730-627.7405 against whom a claim has been made,

12  furnish forthwith, in a form approved by the office, a sworn

13  statement of the earnings, since the time of the bodily injury

14  and for a reasonable period before the injury, of the person

15  upon whose injury the claim is based.

16         (b)  Every physician, hospital, clinic, or other

17  medical institution providing, before or after bodily injury

18  upon which a claim for personal injury protection insurance

19  benefits is based, any products, services, or accommodations

20  in relation to that or any other injury, or in relation to a

21  condition claimed to be connected with that or any other

22  injury, shall, if requested to do so by the insurer against

23  whom the claim has been made, furnish forthwith a written

24  report of the history, condition, treatment, dates, and costs

25  of such treatment of the injured person and why the items

26  identified by the insurer were reasonable in amount and

27  medically necessary, together with a sworn statement that the

28  treatment or services rendered were reasonable and necessary

29  with respect to the bodily injury sustained and identifying

30  which portion of the expenses for such treatment or services

31  was incurred as a result of such bodily injury, and produce

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 1  forthwith, and permit the inspection and copying of, his or

 2  her or its records regarding such history, condition,

 3  treatment, dates, and costs of treatment; provided that this

 4  shall not limit the introduction of evidence at trial. Such

 5  sworn statement shall read as follows: "Under penalty of

 6  perjury, I declare that I have read the foregoing, and the

 7  facts alleged are true, to the best of my knowledge and

 8  belief." No cause of action for violation of the

 9  physician-patient privilege or invasion of the right of

10  privacy shall be permitted against any physician, hospital,

11  clinic, or other medical institution complying with the

12  provisions of this section. The person requesting such records

13  and such sworn statement shall pay all reasonable costs

14  connected therewith. If an insurer makes a written request for

15  documentation or information under this paragraph within 30

16  days after having received notice of the amount of a covered

17  loss under paragraph (4)(a), the amount or the partial amount

18  which is the subject of the insurer's inquiry shall become

19  overdue if the insurer does not pay in accordance with

20  paragraph (4)(b) or within 10 days after the insurer's receipt

21  of the requested documentation or information, whichever

22  occurs later. For purposes of this paragraph, the term

23  "receipt" includes, but is not limited to, inspection and

24  copying pursuant to this paragraph. Any insurer that requests

25  documentation or information pertaining to reasonableness of

26  charges or medical necessity under this paragraph without a

27  reasonable basis for such requests as a general business

28  practice is engaging in an unfair trade practice under the

29  insurance code.

30         (c)  In the event of any dispute regarding an insurer's

31  right to discovery of facts under this section, the insurer

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 1  may petition a court of competent jurisdiction to enter an

 2  order permitting such discovery.  The order may be made only

 3  on motion for good cause shown and upon notice to all persons

 4  having an interest, and it shall specify the time, place,

 5  manner, conditions, and scope of the discovery. Such court

 6  may, in order to protect against annoyance, embarrassment, or

 7  oppression, as justice requires, enter an order refusing

 8  discovery or specifying conditions of discovery and may order

 9  payments of costs and expenses of the proceeding, including

10  reasonable fees for the appearance of attorneys at the

11  proceedings, as justice requires.

12         (d)  The injured person shall be furnished, upon

13  request, a copy of all information obtained by the insurer

14  under the provisions of this section, and shall pay a

15  reasonable charge, if required by the insurer.

16         (e)  Notice to an insurer of the existence of a claim

17  shall not be unreasonably withheld by an insured.

18         (7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;

19  REPORTS.--

20         (a)  Whenever the mental or physical condition of an

21  injured person covered by personal injury protection is

22  material to any claim that has been or may be made for past or

23  future personal injury protection insurance benefits, such

24  person shall, upon the request of an insurer, submit to mental

25  or physical examination by a physician or physicians.  The

26  costs of any examinations requested by an insurer shall be

27  borne entirely by the insurer. Such examination shall be

28  conducted within the municipality where the insured is

29  receiving treatment, or in a location reasonably accessible to

30  the insured, which, for purposes of this paragraph, means any

31  location within the municipality in which the insured resides,

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 1  or any location within 10 miles by road of the insured's

 2  residence, provided such location is within the county in

 3  which the insured resides. If the examination is to be

 4  conducted in a location reasonably accessible to the insured,

 5  and if there is no qualified physician to conduct the

 6  examination in a location reasonably accessible to the

 7  insured, then such examination shall be conducted in an area

 8  of the closest proximity to the insured's residence.  Personal

 9  protection insurers are authorized to include reasonable

10  provisions in personal injury protection insurance policies

11  for mental and physical examination of those claiming personal

12  injury protection insurance benefits. An insurer may not

13  withdraw payment of a treating physician without the consent

14  of the injured person covered by the personal injury

15  protection, unless the insurer first obtains a valid report by

16  a Florida physician licensed under the same chapter as the

17  treating physician whose treatment authorization is sought to

18  be withdrawn, stating that treatment was not reasonable,

19  related, or necessary. A valid report is one that is prepared

20  and signed by the physician examining the injured person or

21  reviewing the treatment records of the injured person and is

22  factually supported by the examination and treatment records

23  if reviewed and that has not been modified by anyone other

24  than the physician. The physician preparing the report must be

25  in active practice, unless the physician is physically

26  disabled. Active practice means that during the 3 years

27  immediately preceding the date of the physical examination or

28  review of the treatment records the physician must have

29  devoted professional time to the active clinical practice of

30  evaluation, diagnosis, or treatment of medical conditions or

31  to the instruction of students in an accredited health

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 1  professional school or accredited residency program or a

 2  clinical research program that is affiliated with an

 3  accredited health professional school or teaching hospital or

 4  accredited residency program. The physician preparing a report

 5  at the request of an insurer and physicians rendering expert

 6  opinions on behalf of persons claiming medical benefits for

 7  personal injury protection, or on behalf of an insured through

 8  an attorney or another entity, shall maintain, for at least 3

 9  years, copies of all examination reports as medical records

10  and shall maintain, for at least 3 years, records of all

11  payments for the examinations and reports. Neither an insurer

12  nor any person acting at the direction of or on behalf of an

13  insurer may materially change an opinion in a report prepared

14  under this paragraph or direct the physician preparing the

15  report to change such opinion. The denial of a payment as the

16  result of such a changed opinion constitutes a material

17  misrepresentation under s. 626.9541(1)(i)2.; however, this

18  provision does not preclude the insurer from calling to the

19  attention of the physician errors of fact in the report based

20  upon information in the claim file.

21         (b)  If requested by the person examined, a party

22  causing an examination to be made shall deliver to him or her

23  a copy of every written report concerning the examination

24  rendered by an examining physician, at least one of which

25  reports must set out the examining physician's findings and

26  conclusions in detail.  After such request and delivery, the

27  party causing the examination to be made is entitled, upon

28  request, to receive from the person examined every written

29  report available to him or her or his or her representative

30  concerning any examination, previously or thereafter made, of

31  the same mental or physical condition.  By requesting and

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 1  obtaining a report of the examination so ordered, or by taking

 2  the deposition of the examiner, the person examined waives any

 3  privilege he or she may have, in relation to the claim for

 4  benefits, regarding the testimony of every other person who

 5  has examined, or may thereafter examine, him or her in respect

 6  to the same mental or physical condition. If a person

 7  unreasonably refuses to submit to an examination, the personal

 8  injury protection carrier is no longer liable for subsequent

 9  personal injury protection benefits.

10         (8)  APPLICABILITY OF PROVISION REGULATING ATTORNEY'S

11  FEES.--With respect to any dispute under the provisions of ss.

12  627.730-627.7405 between the insured and the insurer, or

13  between an assignee of an insured's rights and the insurer,

14  the provisions of s. 627.428 shall apply, except as provided

15  in subsection (11).

16         (9)(a)  Each insurer which has issued a policy

17  providing personal injury protection benefits shall report the

18  renewal, cancellation, or nonrenewal thereof to the Department

19  of Highway Safety and Motor Vehicles within 45 days from the

20  effective date of the renewal, cancellation, or nonrenewal.

21  Upon the issuance of a policy providing personal injury

22  protection benefits to a named insured not previously insured

23  by the insurer thereof during that calendar year, the insurer

24  shall report the issuance of the new policy to the Department

25  of Highway Safety and Motor Vehicles within 30 days.  The

26  report shall be in such form and format and contain such

27  information as may be required by the Department of Highway

28  Safety and Motor Vehicles which shall include a format

29  compatible with the data processing capabilities of said

30  department, and the Department of Highway Safety and Motor

31  Vehicles is authorized to adopt rules necessary with respect

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 1  thereto. Failure by an insurer to file proper reports with the

 2  Department of Highway Safety and Motor Vehicles as required by

 3  this subsection or rules adopted with respect to the

 4  requirements of this subsection constitutes a violation of the

 5  Florida Insurance Code. Reports of cancellations and policy

 6  renewals and reports of the issuance of new policies received

 7  by the Department of Highway Safety and Motor Vehicles are

 8  confidential and exempt from the provisions of s. 119.07(1).

 9  These records are to be used for enforcement and regulatory

10  purposes only, including the generation by the department of

11  data regarding compliance by owners of motor vehicles with

12  financial responsibility coverage requirements. In addition,

13  the Department of Highway Safety and Motor Vehicles shall

14  release, upon a written request by a person involved in a

15  motor vehicle accident, by the person's attorney, or by a

16  representative of the person's motor vehicle insurer, the name

17  of the insurance company and the policy number for the policy

18  covering the vehicle named by the requesting party.  The

19  written request must include a copy of the appropriate

20  accident form as provided in s. 316.065, s. 316.066, or s.

21  316.068.

22         (b)  Every insurer with respect to each insurance

23  policy providing personal injury protection benefits shall

24  notify the named insured or in the case of a commercial fleet

25  policy, the first named insured in writing that any

26  cancellation or nonrenewal of the policy will be reported by

27  the insurer to the Department of Highway Safety and Motor

28  Vehicles.  The notice shall also inform the named insured that

29  failure to maintain personal injury protection and property

30  damage liability insurance on a motor vehicle when required by

31  law may result in the loss of registration and driving

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 1  privileges in this state, and the notice shall inform the

 2  named insured of the amount of the reinstatement fees required

 3  by s. 627.733(7).  This notice is for informational purposes

 4  only, and no civil liability shall attach to an insurer due to

 5  failure to provide this notice.

 6         (10)  An insurer may negotiate and enter into contracts

 7  with licensed health care providers for the benefits described

 8  in this section, referred to in this section as "preferred

 9  providers," which shall include health care providers licensed

10  under chapters 458, 459, 460, 461, and 463. The insurer may

11  provide an option to an insured to use a preferred provider at

12  the time of purchase of the policy for personal injury

13  protection benefits, if the requirements of this subsection

14  are met. If the insured elects to use a provider who is not a

15  preferred provider, whether the insured purchased a preferred

16  provider policy or a nonpreferred provider policy, the medical

17  benefits provided by the insurer shall be as required by this

18  section. If the insured elects to use a provider who is a

19  preferred provider, the insurer may pay medical benefits in

20  excess of the benefits required by this section and may waive

21  or lower the amount of any deductible that applies to such

22  medical benefits. If the insurer offers a preferred provider

23  policy to a policyholder or applicant, it must also offer a

24  nonpreferred provider policy. The insurer shall provide each

25  policyholder with a current roster of preferred providers in

26  the county in which the insured resides at the time of

27  purchase of such policy, and shall make such list available

28  for public inspection during regular business hours at the

29  principal office of the insurer within the state.

30         (11)  DEMAND LETTER.--

31  

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 1         (a)  As a condition precedent to filing any action for

 2  benefits under this section, the insurer must be provided with

 3  written notice of an intent to initiate litigation. Such

 4  notice may not be sent until the claim is overdue, including

 5  any additional time the insurer has to pay the claim pursuant

 6  to paragraph (4)(b).

 7         (b)  The notice required shall state that it is a

 8  "demand letter under s. 627.736(11)" and shall state with

 9  specificity:

10         1.  The name of the insured upon which such benefits

11  are being sought, including a copy of the assignment giving

12  rights to the claimant if the claimant is not the insured.

13         2.  The claim number or policy number upon which such

14  claim was originally submitted to the insurer.

15         3.  To the extent applicable, the name of any medical

16  provider who rendered to an insured the treatment, services,

17  accommodations, or supplies that form the basis of such claim;

18  and an itemized statement specifying each exact amount, the

19  date of treatment, service, or accommodation, and the type of

20  benefit claimed to be due. A completed form satisfying the

21  requirements of paragraph (5)(d) or the lost-wage statement

22  previously submitted may be used as the itemized statement. To

23  the extent that the demand involves an insurer's withdrawal of

24  payment under paragraph (7)(a) for future treatment not yet

25  rendered, the claimant shall attach a copy of the insurer's

26  notice withdrawing such payment and an itemized statement of

27  the type, frequency, and duration of future treatment claimed

28  to be reasonable and medically necessary.

29         (c)  Each notice required by this subsection must be

30  delivered to the insurer by United States certified or

31  registered mail, return receipt requested. Such postal costs

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 1  shall be reimbursed by the insurer if so requested by the

 2  claimant in the notice, when the insurer pays the claim. Such

 3  notice must be sent to the person and address specified by the

 4  insurer for the purposes of receiving notices under this

 5  subsection. Each licensed insurer, whether domestic, foreign,

 6  or alien, shall file with the office designation of the name

 7  and address of the person to whom notices pursuant to this

 8  subsection shall be sent which the office shall make available

 9  on its Internet website. The name and address on file with the

10  office pursuant to s. 624.422 shall be deemed the authorized

11  representative to accept notice pursuant to this subsection in

12  the event no other designation has been made.

13         (d)  If, within 15 days after receipt of notice by the

14  insurer, the overdue claim specified in the notice is paid by

15  the insurer together with applicable interest and a penalty of

16  10 percent of the overdue amount paid by the insurer, subject

17  to a maximum penalty of $250, no action may be brought against

18  the insurer. If the demand involves an insurer's withdrawal of

19  payment under paragraph (7)(a) for future treatment not yet

20  rendered, no action may be brought against the insurer if,

21  within 15 days after its receipt of the notice, the insurer

22  mails to the person filing the notice a written statement of

23  the insurer's agreement to pay for such treatment in

24  accordance with the notice and to pay a penalty of 10 percent,

25  subject to a maximum penalty of $250, when it pays for such

26  future treatment in accordance with the requirements of this

27  section. To the extent the insurer determines not to pay any

28  amount demanded, the penalty shall not be payable in any

29  subsequent action. For purposes of this subsection, payment or

30  the insurer's agreement shall be treated as being made on the

31  date a draft or other valid instrument that is equivalent to

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 1  payment, or the insurer's written statement of agreement, is

 2  placed in the United States mail in a properly addressed,

 3  postpaid envelope, or if not so posted, on the date of

 4  delivery. The insurer shall not be obligated to pay any

 5  attorney's fees if the insurer pays the claim or mails its

 6  agreement to pay for future treatment within the time

 7  prescribed by this subsection.

 8         (e)  The applicable statute of limitation for an action

 9  under this section shall be tolled for a period of 15 business

10  days by the mailing of the notice required by this subsection.

11         (f)  Any insurer making a general business practice of

12  not paying valid claims until receipt of the notice required

13  by this subsection is engaging in an unfair trade practice

14  under the insurance code.

15         (12)  CIVIL ACTION FOR INSURANCE FRAUD.--An insurer

16  shall have a cause of action against any person convicted of,

17  or who, regardless of adjudication of guilt, pleads guilty or

18  nolo contendere to insurance fraud under s. 817.234, patient

19  brokering under s. 817.505, or kickbacks under s. 456.054,

20  associated with a claim for personal injury protection

21  benefits in accordance with this section.  An insurer

22  prevailing in an action brought under this subsection may

23  recover compensatory, consequential, and punitive damages

24  subject to the requirements and limitations of part II of

25  chapter 768, and attorney's fees and costs incurred in

26  litigating a cause of action against any person convicted of,

27  or who, regardless of adjudication of guilt, pleads guilty or

28  nolo contendere to insurance fraud under s. 817.234, patient

29  brokering under s. 817.505, or kickbacks under s. 456.054,

30  associated with a claim for personal injury protection

31  benefits in accordance with this section.

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 1         (13)  MINIMUM BENEFIT COVERAGE.--If the Financial

 2  Services Commission determines that the cost savings under

 3  personal injury protection insurance benefits paid by insurers

 4  have been realized due to the provisions of this act, prior

 5  legislative reforms, or other factors, the commission may

 6  increase the minimum $10,000 benefit coverage requirement. In

 7  establishing the amount of such increase, the commission must

 8  determine that the additional premium for such coverage is

 9  approximately equal to the premium cost savings that have been

10  realized for the personal injury protection coverage with

11  limits of $10,000.

12         (14)  FRAUD ADVISORY NOTICE.--Upon receiving notice of

13  a claim under this section, an insurer shall provide a notice

14  to the insured or to a person for whom a claim for

15  reimbursement for diagnosis or treatment of injuries has been

16  filed, advising that:

17         (a)  Pursuant to s. 626.9892, the Department of

18  Financial Services may pay rewards of up to $25,000 to persons

19  providing information leading to the arrest and conviction of

20  persons committing crimes investigated by the Division of

21  Insurance Fraud arising from violations of s. 440.105, s.

22  624.15, s. 626.9541, s. 626.989, or s. 817.234.

23         (b)  Solicitation of a person injured in a motor

24  vehicle crash for purposes of filing personal injury

25  protection or tort claims could be a violation of s. 817.234,

26  s. 817.505, or the rules regulating The Florida Bar and should

27  be immediately reported to the Division of Insurance Fraud if

28  such conduct has taken place.

29         Section 9.  This act shall take effect July 1, 2007.

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides for the proof of purchase of medical payments
      coverage. Provides that a motor vehicle insurance policy
 4    providing medical payments coverage may not be issued or
      delivered in this state unless the policy contains
 5    specified minimum amounts of certain types of liability
      coverage. Authorizes a licensed general lines agent to
 6    charge a fee not to exceed $10 to cover certain
      administrative costs under certain circumstances.
 7    Provides an exemption to certain provisions regarding the
      initial issuance or cancellation of policies containing
 8    medical payments coverage and certain other types of
      liability coverage. Requires every insurance policy
 9    complying with the security requirements of state law to
      provide medical payments coverage. Identifies types of
10    medical expenses covered by medical payments coverage.
      Limits coverage for certain medical expenses up to
11    specified amounts per person and per accident. Requires
      all bills submitted by hospitals and physicians to appear
12    on certain forms. Provides for charges and payment for
      medical services for covered persons. Authorizes insurers
13    to negotiate and enter into contracts with preferred
      providers. Provides that only insurers writing motor
14    vehicle liability insurance in this state may provide
      medical payments coverage benefits. Prohibits an insurer
15    from requiring the purchase of coverage other than
      property damage liability coverage as a condition for
16    providing such benefits. Requires insurers to make such
      coverage available through normal marketing channels.
17    Provides that failure to make medical payments coverage
      and property damages liability coverage available through
18    normal marketing channels is a violation of the insurance
      code. Provides penalties. Provides for payments of
19    benefits. Provides that medical payments coverage
      benefits are subject to the provisions of the Medicaid
20    program in certain circumstances. Requires each insurer
      that has issued a policy providing medical payments
21    coverage to report the renewal, cancellation, or
      nonrenewal of each policy to the Department of Highway
22    Safety and Motor Vehicles within a specified period after
      the effective date of each renewal, cancellation, or
23    nonrenewal. Requires each insurer that issues a new
      policy providing medical payments coverage to report such
24    issuance to the department within a specified period
      after issuance. Provides for the form and contents of
25    such reports. Provides that such reports are
      confidential. Limits the department's use of such
26    reports. Provides for the release of certain information
      regarding insurance coverage upon the written request of
27    specified parties in the event of an automobile accident.
      Requires a written request for release of information to
28    include a copy of the appropriate accident form. Requires
      insurers to notify the named insured in writing that any
29    cancellation or nonrenewal of the policy will be reported
      to the department. Requires that the notice include
30    certain additional information. Provides that no civil
      liability attaches due to the insurer's failure to
31    provide such notice.

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