((LATE FILED FOR: 4/22/2008 2:00:00 PM))Amendment
Bill No. CS/CS/SB 2012
Amendment No. 944233
CHAMBER ACTION
Senate House
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1Representative Galvano offered the following:
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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
6627.736, Florida Statutes, is amended to read:
7     627.736  Required personal injury protection benefits;
8exclusions; priority; claims.--
9     (5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--
10     (a)1.  Any physician, hospital, clinic, or other person or
11institution lawfully rendering treatment to an injured person
12for a bodily injury covered by personal injury protection
13insurance may charge the insurer and injured party only a
14reasonable amount pursuant to this section for the services and
15supplies rendered, and the insurer providing such coverage may
16pay for such charges directly to such person or institution
17lawfully rendering such treatment, if the insured receiving such
18treatment or his or her guardian has countersigned the properly
19completed invoice, bill, or claim form approved by the office
20upon which such charges are to be paid for as having actually
21been rendered, to the best knowledge of the insured or his or
22her guardian. In no event, however, may such a charge be in
23excess of the amount the person or institution customarily
24charges for like services or supplies. With respect to a
25determination of whether a charge for a particular service,
26treatment, or otherwise is reasonable, consideration may be
27given to evidence of usual and customary charges and payments
28accepted by the provider involved in the dispute, and
29reimbursement levels in the community and various federal and
30state medical fee schedules applicable to automobile and other
31insurance coverages, and other information relevant to the
32reasonableness of the reimbursement for the service, treatment,
33or supply.
34     2.  The insurer may limit reimbursement to 80 percent of
35the following schedule of maximum charges:
36     a.  For emergency transport and treatment by providers
37licensed under chapter 401, 200 percent of Medicare.
38     b.  For emergency services and care provided by a hospital
39licensed under chapter 395, 75 percent of the hospital's usual
40and customary charges.
41     c.  For emergency services and care as defined by s.
42395.002(10) provided in a facility licensed under chapter 395
43rendered by a physician or dentist, and related hospital
44inpatient services rendered by a physician or dentist, the usual
45and customary charges in the community.
46     d.  For hospital inpatient services, other than emergency
47services and care, 200 percent of the Medicare Part A
48prospective payment applicable to the specific hospital
49providing the inpatient services.
50     e.  For hospital outpatient services, other than emergency
51services and care, 200 percent of the Medicare Part A Ambulatory
52Payment Classification for the specific hospital providing the
53outpatient services.
54     f.  For all other medical services, supplies, and care, 200
55percent of the allowable amount under the participating
56physicians schedule of applicable Medicare Part B fee schedule.
57However, if such services, supplies, or care is not reimbursable
58under Medicare Part B, the insurer may limit reimbursement to 80
59percent of the maximum reimbursable allowance under workers'
60compensation, as determined under s. 440.13 and rules adopted
61thereunder which are in effect at the time such services,
62supplies, or care is provided. Services, supplies, or care that
63is not reimbursable under Medicare or workers' compensation is
64not required to be reimbursed by the insurer.
65     3.  For purposes of subparagraph 2., the applicable fee
66schedule or payment limitation under Medicare is the fee
67schedule or payment limitation in effect at the time the
68services, supplies, or care was rendered and for the area in
69which such services were rendered, except that it may not be
70less than the allowable amount under the participating
71physicians schedule applicable 2007 Medicare Part B for 2007 fee
72schedule for medical services, supplies, and care subject to
73Medicare Part B.
74     4.  Subparagraph 2. does not allow the insurer to apply any
75limitation on the number of treatments or other utilization
76limits that apply under Medicare or workers' compensation. An
77insurer that applies the allowable payment limitations of
78subparagraph 2. must reimburse a provider who lawfully provided
79care or treatment under the scope of his or her license,
80regardless of whether such provider would be entitled to
81reimbursement under Medicare due to restrictions or limitations
82on the types or discipline of health care providers who may be
83reimbursed for particular procedures or procedure codes.
84     5.  If an insurer limits payment as authorized by
85subparagraph 2., the person providing such services, supplies,
86or care may not bill or attempt to collect from the insured any
87amount in excess of such limits, except for amounts that are not
88covered by the insured's personal injury protection coverage due
89to the coinsurance amount or maximum policy limits.
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T I T L E  A M E N D M E N T
93     Remove line 17 and insert:
94dismissed; amending s. 627.736, F.S.; revising the schedule of
95maximum charges on which an insurer may base a limited
96reimbursement for certain medical services, supplies, and care
97for injured persons covered by personal injury protection;
98specifying a minimum amount for the applicable fee schedule or
99payment limitation under Medicare for such reimbursements;
100providing effective dates.


CODING: Words stricken are deletions; words underlined are additions.