2024 Legislature                    CS for SB 362, 1st Engrossed
    2         An act relating to medical treatment under the
    3         Workers’ Compensation Law; amending s. 440.13, F.S.;
    4         increasing limits on witness fees charged by certain
    5         witnesses; increasing maximum reimbursement allowances
    6         for physicians and surgical procedures; providing an
    7         effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Subsection (10) and paragraphs (f) and (g) of
   12  subsection (12) of section 440.13, Florida Statutes, are amended
   13  to read:
   14         440.13 Medical services and supplies; penalty for
   15  violations; limitations.—
   16         (10) WITNESS FEES.—Any health care provider who gives a
   17  deposition shall be allowed a witness fee. The amount charged by
   18  the witness may not exceed $300 $200 per hour. An expert witness
   19  who has never provided direct professional services to a party
   20  but has merely reviewed medical records and provided an expert
   21  opinion or has provided only direct professional services that
   22  were unrelated to the workers’ compensation case may not be
   23  allowed a witness fee in excess of $300 $200 per day.
   26         (f) Maximum reimbursement for a physician licensed under
   27  chapter 458 or chapter 459 shall be 175 110 percent of the
   28  reimbursement allowed by Medicare, using appropriate codes and
   29  modifiers or the medical reimbursement level adopted by the
   30  three-member panel as of January 1, 2003, whichever is greater.
   31         (g) Maximum reimbursement for surgical procedures shall be
   32  210 140 percent of the reimbursement allowed by Medicare or the
   33  medical reimbursement level adopted by the three-member panel as
   34  of January 1, 2003, whichever is greater.
   36  The department, as requested, shall provide data to the panel,
   37  including, but not limited to, utilization trends in the
   38  workers’ compensation health care delivery system. The
   39  department shall provide the panel with an annual report
   40  regarding the resolution of medical reimbursement disputes and
   41  any actions pursuant to subsection (8). The department shall
   42  provide administrative support and service to the panel to the
   43  extent requested by the panel. For prescription medication
   44  purchased under the requirements of this subsection, a
   45  dispensing practitioner shall not possess such medication unless
   46  payment has been made by the practitioner, the practitioner’s
   47  professional practice, or the practitioner’s practice management
   48  company or employer to the supplying manufacturer, wholesaler,
   49  distributor, or drug repackager within 60 days of the dispensing
   50  practitioner taking possession of that medication.
   51         Section 2. This act shall take effect January 1, 2025.