Florida Senate - 2023                                    SB 1662
       
       
        
       By Senator Grall
       
       
       
       
       
       29-01239B-23                                          20231662__
    1                        A bill to be entitled                      
    2         An act relating to insurance claims; providing a short
    3         title; amending s. 627.0651, F.S.; requiring the
    4         Office of Insurance Regulation to consider the
    5         recovery of funds under specified provisions in
    6         reviewing rates; amending s. 817.234, F.S.; requiring
    7         insurers to report the recovery of funds under
    8         specified provisions; specifying that an insured’s
    9         payment of a deductible or copayment is not a
   10         condition of an insurer’s payment obligations;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. This act may be cited as the “Transparency in
   16  Recoveries Act.”
   17         Section 2. Paragraphs (g) through (l) of subsection (2) of
   18  section 627.0651, Florida Statutes, are redesignated as
   19  paragraphs (h) through (m), respectively, a new paragraph (g) is
   20  added to that subsection, and paragraphs (d) and (e) of
   21  subsection (14) of that section are amended, to read:
   22         627.0651 Making and use of rates for motor vehicle
   23  insurance.—
   24         (2) Upon receiving notice of a rate filing or rate change,
   25  the office shall review the rate or rate change to determine if
   26  the rate is excessive, inadequate, or unfairly discriminatory.
   27  In making that determination, the office shall in accordance
   28  with generally accepted and reasonable actuarial techniques
   29  consider the following factors:
   30         (g)Recovery of funds by judgment or settlement and
   31  attorney fees and costs awarded or returned for payments
   32  recovered as a result of claimed violations of s. 456.054, part
   33  X of chapter 440, part II of chapter 501, s. 627.732, s.
   34  627.736(17), s. 817.234, or s. 817.505 or repayment of claims
   35  paid for pursuant to actions or allegations of common law fraud,
   36  civil conspiracy, unjust enrichment, or unlawful conduct.
   37         (14)
   38         (d) An insurer must notify the office of any changes to
   39  rates for type of insurance described in this subsection no
   40  later than 30 days after the effective date of the change. The
   41  notice shall include the name of the insurer, the type or kind
   42  of insurance subject to rate change, and the average statewide
   43  percentage change in rates. Actuarial data with regard to rates
   44  for risks described in this subsection shall be maintained by
   45  the insurer for 2 years after the effective date of changes to
   46  those rates and are subject to examination by the office. The
   47  office may require the insurer to incur the costs associated
   48  with an examination. Upon examination, the office shall, in
   49  accordance with generally accepted and reasonable actuarial
   50  techniques, consider the factors in paragraphs (2)(a)-(m)
   51  (2)(a)-(l) and apply subsections (3)-(8) to determine if the
   52  rate is excessive, inadequate, or unfairly discriminatory.
   53         (e) A rating organization must notify the office of any
   54  changes to loss cost for the type of insurance described in this
   55  subsection no later than 30 days after the effective date of the
   56  change. The notice shall include the name of the rating
   57  organization, the type or kind of insurance subject to a loss
   58  cost change, loss costs during the immediately preceding year
   59  for the type or kind of insurance subject to the loss cost
   60  change, and the average statewide percentage change in loss
   61  cost. Actuarial data with regard to changes to loss cost for
   62  risks not subject to subsection (1), subsection (2), or
   63  subsection (9) shall be maintained by the rating organization
   64  for 2 years after the effective date of the change and are
   65  subject to examination by the office. The office may require the
   66  rating organization to incur the costs associated with an
   67  examination. Upon examination, the office shall, in accordance
   68  with generally accepted and reasonable actuarial techniques,
   69  consider the rate factors in paragraphs (2)(a)-(m) (2)(a)-(l)
   70  and apply subsections (3)-(8) to determine if the rate is
   71  excessive, inadequate, or unfairly discriminatory.
   72         Section 3. Paragraph (c) is added to subsection (5) of
   73  section 817.234, Florida Statutes, and subsection (7) of that
   74  section is amended, to read:
   75         817.234 False and fraudulent insurance claims.—
   76         (5)
   77         (c)If an insurer damaged as a result of a violation of any
   78  provision of this section or s. 456.054, part X of chapter 440,
   79  part II of chapter 501, s. 627.732, s. 627.736(17), s. 817.234,
   80  or s. 817.505 and the insurer obtains repayment or a refund of
   81  claims paid pursuant to s. 627.736, the insurer shall report to
   82  the department the amount of funds received as a result of a
   83  claim, settlement, or judgment, inclusive of attorney fees and
   84  costs, of such repayment of funds.
   85         (7)(a) It shall constitute a material omission and
   86  insurance fraud, punishable as provided in subsection (11), for
   87  any service provider, other than a hospital, to engage in a
   88  general business practice of billing amounts as its usual and
   89  customary charge, if such provider has agreed with the insured
   90  or intends to waive deductibles or copayments, or does not for
   91  any other reason intend to collect the total amount of such
   92  charge. With respect to a determination as to whether a service
   93  provider has engaged in such general business practice,
   94  consideration shall be given to evidence of whether the
   95  physician or other provider made a good faith attempt to collect
   96  such deductible or copayment. This paragraph does not apply to
   97  physicians or other providers who defer collection of waive
   98  deductibles or copayments or reduce their bills as part of a
   99  bodily injury settlement or verdict. Payment by an insured of a
  100  deductible or copayment is not a condition of an insurer’s
  101  payment obligations.
  102         (b) The provisions of this section shall also apply as to
  103  any insurer or adjusting firm or its agents or representatives
  104  who, with intent, injure, defraud, or deceive any claimant with
  105  regard to any claim. The claimant shall have the right to
  106  recover the damages provided in this section.
  107         (c) An insurer, or any person acting at the direction of or
  108  on behalf of an insurer, may not change an opinion in a mental
  109  or physical report prepared under s. 627.736(7) or direct the
  110  physician preparing the report to change such opinion; however,
  111  this paragraph provision does not preclude the insurer from
  112  calling to the attention of the physician errors of fact in the
  113  report based upon information in the claim file. Any person who
  114  violates this paragraph commits a felony of the third degree,
  115  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  116         (d) A contractor, or a person acting on behalf of a
  117  contractor, may not knowingly or willfully and with intent to
  118  injure, defraud, or deceive, pay, waive, or rebate all or part
  119  of an insurance deductible applicable to payment to the
  120  contractor, or a person acting on behalf of a contractor, for
  121  repairs to property covered by a property insurance policy. A
  122  person who violates this paragraph commits a third degree felony
  123  of the third degree, punishable as provided in s. 775.082, s.
  124  775.083, or s. 775.084.
  125         Section 4. This act shall take effect July 1, 2023.