HOUSE AMENDMENT
                                                   Bill No. HB 159
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Harrell offered the following:
12  
13         Amendment to Amendment (093461) (with title amendment) 
14         On page 1, between lines 17 and 18,
15  
16  insert:  
17         Section 2.  Paragraphs (b) and (f) of subsection (4),
18  and paragraph (b) of subsection (5) and paragraph (a) of
19  subsection (7) of section 627.736, Florida Statutes, are
20  amended to read:
21         627.736  Required personal injury protection benefits;
22  exclusions; priority; claims.--
23         (4)  BENEFITS; WHEN DUE.--Benefits due from an insurer
24  under ss. 627.730-627.7405 shall be primary, except that
25  benefits received under any workers' compensation law shall be
26  credited against the benefits provided by subsection (1) and
27  shall be due and payable as loss accrues, upon receipt of
28  reasonable proof of such loss and the amount of expenses and
29  loss incurred which are covered by the policy issued under ss.
30  627.730-627.7405. When the Agency for Health Care
31  Administration provides, pays, or becomes liable for medical
                                  1
    File original & 9 copies    04/27/01                          
    hbd0001                     11:54 am         00159-0081-942283
                                                   HOUSE AMENDMENT
                                                   Bill No. HB 159
    Amendment No. ___ (for drafter's use only)
 1  assistance under the Medicaid program related to injury,
 2  sickness, disease, or death arising out of the ownership,
 3  maintenance, or use of a motor vehicle, benefits under ss.
 4  627.730-627.7405 shall be subject to the provisions of the
 5  Medicaid program.
 6         (b)  Personal injury protection insurance benefits paid
 7  pursuant to this section shall be overdue if not paid within
 8  30 days after the insurer is furnished written notice of the
 9  fact of a covered loss and of the amount of same.  If such
10  written notice is not furnished to the insurer as to the
11  entire claim, any partial amount supported by written notice
12  is overdue if not paid within 30 days after such written
13  notice is furnished to the insurer.  Any part or all of the
14  remainder of the claim that is subsequently supported by
15  written notice is overdue if not paid within 30 days after
16  such written notice is furnished to the insurer.  However, any
17  payment shall not be deemed overdue when the insurer has
18  reasonable proof to establish that the insurer is not
19  responsible for the payment that written notice has been
20  furnished to the insurer.  For the purpose of calculating the
21  extent to which any benefits are overdue, payment shall be
22  treated as being made on the date a draft or other valid
23  instrument which is equivalent to payment was placed in the
24  United States mail in a properly addressed, postpaid envelope
25  or, if not so posted, on the date of delivery.  This paragraph
26  does not preclude or limit the ability of the insurer to
27  assert that the claim was unrelated, was not medically
28  necessary, or was unreasonable or that the amount of the
29  charge was in excess of that permitted under, or in violation
30  of, subsection (5). Such assertion by the insurer may be made
31  at any time, including after payment of the claim or after the
                                  2
    File original & 9 copies    04/27/01                          
    hbd0001                     11:54 am         00159-0081-942283
                                                   HOUSE AMENDMENT
                                                   Bill No. HB 159
    Amendment No. ___ (for drafter's use only)
 1  30-day time period for payment set forth in this paragraph.
 2         (f)  Medical payments insurance, if available in a
 3  policy of motor vehicle insurance, shall pay the portion of
 4  any claim for personal injury protection medical benefits
 5  which is otherwise covered but is not payable due to the
 6  coinsurance provision of paragraph (1)(a), regardless of
 7  whether the full amount of personal injury protection coverage
 8  has been exhausted.  The benefits shall not be payable for the
 9  amount of any deductible which has been selected.
10         (5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--
11         (b)  With respect to any treatment or service, other
12  than medical services billed by a hospital or other provider
13  for emergency services as defined in s. 395.002 or inpatient
14  services rendered at a hospital-owned facility, the statement
15  of charges must be furnished to the insurer by the provider
16  and may not include, and the insurer is not required to pay,
17  charges for treatment or services rendered more than 35 30
18  days before the postmark date of the statement, except for
19  past due amounts previously billed on a timely basis under
20  this paragraph, and except that, if the provider submits to
21  the insurer a notice of initiation of treatment within 21 days
22  after its first examination or treatment of the claimant, the
23  statement may include charges for treatment or services
24  rendered up to, but not more than, 75 60 days before the
25  postmark date of the statement. The injured party is not
26  liable for, and the provider shall not bill the injured party
27  for, charges that are unpaid because of the provider's failure
28  to comply with this paragraph. Any agreement requiring the
29  injured person or insured to pay for such charges is
30  unenforceable. If, however, the insured fails to furnish the
31  provider with the correct name and address of the insured's
                                  3
    File original & 9 copies    04/27/01                          
    hbd0001                     11:54 am         00159-0081-942283
                                                   HOUSE AMENDMENT
                                                   Bill No. HB 159
    Amendment No. ___ (for drafter's use only)
 1  personal injury protection insurer, the provider has 35 days
 2  from the date the provider obtains the correct information to
 3  furnish the insurer with a statement of the charges. The
 4  insurer is not required to pay for such charges, unless the
 5  provider includes with the statement documentary evidence that
 6  was provided by the insured during the 35-day period
 7  demonstrating that the provider reasonably relied on erroneous
 8  information from the insured and either:
 9         1.  A denial letter from the incorrect insurer; or
10         2.  Proof of mailing, which may include an affidavit
11  under penalty of perjury, reflecting timely mailing to the
12  incorrect address or insurer. For emergency services and care
13  as defined in s. 395.002 rendered in a hospital emergency
14  department or for transport and treatment rendered by an
15  ambulance provider licensed pursuant to part III of chapter
16  401, the provider is not required to furnish the statement of
17  charges within the time periods established by this paragraph;
18  and the insurer shall not be considered to have been furnished
19  with notice of the amount of covered loss for purposes of
20  paragraph (4)(b) until it receives a statement complying with
21  paragraph (e) (5)(d), or copy thereof, which specifically
22  identifies the place of service to be a hospital emergency
23  department or an ambulance in accordance with billing
24  standards recognized by the Health Care Finance
25  Administration. Each notice of insured's rights under s.
26  627.7401 must include the following statement in type no
27  smaller than 12 points:
28         BILLING REQUIREMENTS.--Florida Statutes provide
29         that with respect to any treatment or services,
30         other than certain hospital and emergency
31         services, the statement of charges furnished to
                                  4
    File original & 9 copies    04/27/01                          
    hbd0001                     11:54 am         00159-0081-942283
                                                   HOUSE AMENDMENT
                                                   Bill No. HB 159
    Amendment No. ___ (for drafter's use only)
 1         the insurer by the provider may not include,
 2         and the insurer and the injured party are not
 3         required to pay, charges for treatment or
 4         services rendered more than 35 30 days before
 5         the postmark date of the statement, except for
 6         past due amounts previously billed on a timely
 7         basis, and except that, if the provider submits
 8         to the insurer a notice of initiation of
 9         treatment within 21 days after its first
10         examination or treatment of the claimant, the
11         statement may include charges for treatment or
12         services rendered up to, but not more than, 75
13         60 days before the postmark date of the
14         statement.
15         (7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
16  REPORTS.--
17         (a)  Whenever the mental or physical condition of an
18  injured person covered by personal injury protection is
19  material to any claim that has been or may be made for past or
20  future personal injury protection insurance benefits, such
21  person shall, upon the request of an insurer, submit to mental
22  or physical examination by a physician or physicians.  The
23  costs of any examinations requested by an insurer shall be
24  borne entirely by the insurer. Such examination shall be
25  conducted within the municipality where the insured is
26  receiving treatment, or in a location reasonably accessible to
27  the insured, which, for purposes of this paragraph, means any
28  location within the municipality in which the insured resides,
29  or any location within 10 miles by road of the insured's
30  residence, provided such location is within the county in
31  which the insured resides. If the examination is to be
                                  5
    File original & 9 copies    04/27/01                          
    hbd0001                     11:54 am         00159-0081-942283
                                                   HOUSE AMENDMENT
                                                   Bill No. HB 159
    Amendment No. ___ (for drafter's use only)
 1  conducted in a location reasonably accessible to the insured,
 2  and if there is no qualified physician to conduct the
 3  examination in a location reasonably accessible to the
 4  insured, then such examination shall be conducted in an area
 5  of the closest proximity to the insured's residence.  Personal
 6  protection insurers are authorized to include reasonable
 7  provisions in personal injury protection insurance policies
 8  for mental and physical examination of those claiming personal
 9  injury protection insurance benefits. An insurer may not
10  withdraw payment of a treating physician without the consent
11  of the injured person covered by the personal injury
12  protection, unless the insurer first obtains a valid report by
13  a physician licensed under the same chapter as the treating
14  physician whose treatment authorization is sought to be
15  withdrawn, stating that treatment was not reasonable, related,
16  or necessary.  A valid report is one prepared and signed by
17  the physician examining the injured person or reviewing the
18  treatment records of the injured person and is factually
19  supported by the examination or treatment records, if
20  reviewed, and which has not been modified by anyone other than
21  the physician.  The physician preparing the report must be in
22  active practice, unless the physician is physically disabled.
23  Active practice means that during the 3 years immediately
24  preceding the date of the physical examination or review of
25  the treatment record, the physician devoted professional time
26  to the active clinical practice of evaluation, diagnosis, or
27  treatment of medical conditions; or the instruction of
28  students in an accredited health professional school or
29  accredited residency, or at a clinical research program or a
30  clinical research program affiliated with an accredited health
31  professional school or teaching hospital, or a clinical
                                  6
    File original & 9 copies    04/27/01                          
    hbd0001                     11:54 am         00159-0081-942283
                                                   HOUSE AMENDMENT
                                                   Bill No. HB 159
    Amendment No. ___ (for drafter's use only)
 1  research program affiliated with an accredited health
 2  professional school or accredited residency, or clinical
 3  research program.
 4  
 5  
 6  ================ T I T L E   A M E N D M E N T ===============
 7  And the title is amended as follows:
 8         On page 15, between lines 11 and 12,
 9  
10  insert:
11         amending s. 627.736, F.S.; relating to required
12         personal injury protection benefits; revising
13         provisions relating to personal injury
14         protection benefits;
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  7
    File original & 9 copies    04/27/01                          
    hbd0001                     11:54 am         00159-0081-942283