1 | Representative Galvano offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 117-118 and insert: |
5 | Section 3. Paragraph (a) of subsection (5) of section |
6 | 627.736, Florida Statutes, is amended to read: |
7 | 627.736 Required personal injury protection benefits; |
8 | exclusions; priority; claims.-- |
9 | (5) CHARGES FOR TREATMENT OF INJURED PERSONS.-- |
10 | (a)1. Any physician, hospital, clinic, or other person or |
11 | institution lawfully rendering treatment to an injured person |
12 | for a bodily injury covered by personal injury protection |
13 | insurance may charge the insurer and injured party only a |
14 | reasonable amount pursuant to this section for the services and |
15 | supplies rendered, and the insurer providing such coverage may |
16 | pay for such charges directly to such person or institution |
17 | lawfully rendering such treatment, if the insured receiving such |
18 | treatment or his or her guardian has countersigned the properly |
19 | completed invoice, bill, or claim form approved by the office |
20 | upon which such charges are to be paid for as having actually |
21 | been rendered, to the best knowledge of the insured or his or |
22 | her guardian. In no event, however, may such a charge be in |
23 | excess of the amount the person or institution customarily |
24 | charges for like services or supplies. With respect to a |
25 | determination of whether a charge for a particular service, |
26 | treatment, or otherwise is reasonable, consideration may be |
27 | given to evidence of usual and customary charges and payments |
28 | accepted by the provider involved in the dispute, and |
29 | reimbursement levels in the community and various federal and |
30 | state medical fee schedules applicable to automobile and other |
31 | insurance coverages, and other information relevant to the |
32 | reasonableness of the reimbursement for the service, treatment, |
33 | or supply. |
34 | 2. The insurer may limit reimbursement to 80 percent of |
35 | the following schedule of maximum charges: |
36 | a. For emergency transport and treatment by providers |
37 | licensed under chapter 401, 200 percent of Medicare. |
38 | b. For emergency services and care provided by a hospital |
39 | licensed under chapter 395, 75 percent of the hospital's usual |
40 | and customary charges. |
41 | c. For emergency services and care as defined by s. |
42 | 395.002(10) provided in a facility licensed under chapter 395 |
43 | rendered by a physician or dentist, and related hospital |
44 | inpatient services rendered by a physician or dentist, the usual |
45 | and customary charges in the community. |
46 | d. For hospital inpatient services, other than emergency |
47 | services and care, 200 percent of the Medicare Part A |
48 | prospective payment applicable to the specific hospital |
49 | providing the inpatient services. |
50 | e. For hospital outpatient services, other than emergency |
51 | services and care, 200 percent of the Medicare Part A Ambulatory |
52 | Payment Classification for the specific hospital providing the |
53 | outpatient services. |
54 | f. For all other medical services, supplies, and care, 200 |
55 | percent of the allowable amount under the participating |
56 | physicians schedule of applicable Medicare Part B fee schedule. |
57 | However, if such services, supplies, or care is not reimbursable |
58 | under Medicare Part B, the insurer may limit reimbursement to 80 |
59 | percent of the maximum reimbursable allowance under workers' |
60 | compensation, as determined under s. 440.13 and rules adopted |
61 | thereunder which are in effect at the time such services, |
62 | supplies, or care is provided. Services, supplies, or care that |
63 | is not reimbursable under Medicare or workers' compensation is |
64 | not required to be reimbursed by the insurer. |
65 | 3. For purposes of subparagraph 2., the applicable fee |
66 | schedule or payment limitation under Medicare is the fee |
67 | schedule or payment limitation in effect at the time the |
68 | services, supplies, or care was rendered and for the area in |
69 | which such services were rendered, except that it may not be |
70 | less than the allowable amount under the participating |
71 | physicians schedule applicable 2007 Medicare Part B for 2007 fee |
72 | schedule for medical services, supplies, and care subject to |
73 | Medicare Part B. |
74 | 4. Subparagraph 2. does not allow the insurer to apply any |
75 | limitation on the number of treatments or other utilization |
76 | limits that apply under Medicare or workers' compensation. An |
77 | insurer that applies the allowable payment limitations of |
78 | subparagraph 2. must reimburse a provider who lawfully provided |
79 | care or treatment under the scope of his or her license, |
80 | regardless of whether such provider would be entitled to |
81 | reimbursement under Medicare due to restrictions or limitations |
82 | on the types or discipline of health care providers who may be |
83 | reimbursed for particular procedures or procedure codes. |
84 | 5. If an insurer limits payment as authorized by |
85 | subparagraph 2., the person providing such services, supplies, |
86 | or care may not bill or attempt to collect from the insured any |
87 | amount in excess of such limits, except for amounts that are not |
88 | covered by the insured's personal injury protection coverage due |
89 | to the coinsurance amount or maximum policy limits. |
90 |
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91 | ----------------------------------------------------- |
92 | T I T L E A M E N D M E N T |
93 | Remove line 17 and insert: |
94 | dismissed; amending s. 627.736, F.S.; revising the schedule of |
95 | maximum charges on which an insurer may base a limited |
96 | reimbursement for certain medical services, supplies, and care |
97 | for injured persons covered by personal injury protection; |
98 | specifying a minimum amount for the applicable fee schedule or |
99 | payment limitation under Medicare for such reimbursements; |
100 | providing effective dates. |