Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 40-C
Barcode 550360
CHAMBER ACTION
Senate House
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10/05/2007 11:22 AM .
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11 Senator Posey moved the following amendment:
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13 Senate Amendment (with directory and title amendments)
14 On page 76, between lines 29 and 30,
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16 insert:
17 (c)1. With respect to any treatment or service, other
18 than medical services billed by a hospital or other provider
19 for emergency services as defined in s. 395.002 or inpatient
20 services rendered at a hospital-owned facility, the statement
21 of charges must be furnished to the insurer by the provider
22 and may not include, and the insurer is not required to pay,
23 charges for treatment or services rendered more than 35 days
24 before the postmark date or electronic transmission date of
25 the statement, except for past due amounts previously billed
26 on a timely basis under this paragraph, and except that, if
27 the provider submits to the insurer a notice of initiation of
28 treatment within 21 days after its first examination or
29 treatment of the claimant, the statement may include charges
30 for treatment or services rendered up to, but not more than,
31 75 days before the postmark date of the statement. The injured
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 40-C
Barcode 550360
1 party is not liable for, and the provider shall not bill the
2 injured party for, charges that are unpaid because of the
3 provider's failure to comply with this paragraph. Any
4 agreement requiring the injured person or insured to pay for
5 such charges is unenforceable.
6 2. If, however, the insured fails to furnish the
7 provider with the correct name and address of the insured's
8 personal injury protection insurer, the provider has 35 days
9 from the date the provider obtains the correct information to
10 furnish the insurer with a statement of the charges. The
11 insurer is not required to pay for such charges unless the
12 provider includes with the statement documentary evidence that
13 was provided by the insured during the 35-day period
14 demonstrating that the provider reasonably relied on erroneous
15 information from the insured and either:
16 a. A denial letter from the incorrect insurer; or
17 b. Proof of mailing, which may include an affidavit
18 under penalty of perjury, reflecting timely mailing to the
19 incorrect address or insurer.
20 3. For emergency services and care as defined in s.
21 395.002 rendered in a hospital emergency department or for
22 transport and treatment rendered by an ambulance provider
23 licensed pursuant to part III of chapter 401, the provider is
24 not required to furnish the statement of charges within the
25 time periods established by this paragraph; and the insurer
26 shall not be considered to have been furnished with notice of
27 the amount of covered loss for purposes of paragraph (4)(b)
28 until it receives a statement complying with paragraph (d), or
29 copy thereof, which specifically identifies the place of
30 service to be a hospital emergency department or an ambulance
31 in accordance with billing standards recognized by the Health
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 40-C
Barcode 550360
1 Care Finance Administration.
2 4. Each notice of insured's rights under s. 627.7401
3 must include the following statement in type no smaller than
4 12 points:
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6 BILLING REQUIREMENTS.--Florida Statutes provide
7 that with respect to any treatment or services,
8 other than certain hospital and emergency
9 services, the statement of charges furnished to
10 the insurer by the provider may not include,
11 and the insurer and the injured party are not
12 required to pay, charges for treatment or
13 services rendered more than 35 days before the
14 postmark date of the statement, except for past
15 due amounts previously billed on a timely
16 basis, and except that, if the provider submits
17 to the insurer a notice of initiation of
18 treatment within 21 days after its first
19 examination or treatment of the claimant, the
20 statement may include charges for treatment or
21 services rendered up to, but not more than, 75
22 days before the postmark date of the statement.
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26 ==== D I R E C T O R Y C L A U S E A M E N D M E N T ====
27 And the directory clause is amended as follows:
28 On page 62, line 12, delete that line
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30 and insert: subsection (4), paragraphs (a), (b), and
31 (c) of subsection (5),
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for SB 40-C
Barcode 550360
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 3, line 26, after the semicolon,
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5 insert:
6 providing for electronic transmission of
7 certain statements;
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