SENATE AMENDMENT
    Bill No. CS/HB 393, 1st Eng.
    Amendment No. ___   Barcode 755260
                            CHAMBER ACTION
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11  Senator Geller moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 5, line 14, through
15            page 8, line 2, delete those lines
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17  and insert:  
18         Section 4.  Subsection (6) of section 627.736, Florida
19  Statutes, is amended to read:
20         627.736  Required personal injury protection benefits;
21  exclusions; priority; claims.--
22         (6)  DISCOVERY OF FACTS ABOUT AN INJURED PERSON;
23  DISPUTES.--
24         (a)  Every employer shall, if a request is made by an
25  insurer providing personal injury protection benefits under
26  ss. 627.730-627.7405 against whom a claim has been made,
27  furnish forthwith, in a form approved by the department, a
28  sworn statement of the earnings, since the time of the bodily
29  injury and for a reasonable period before the injury, of the
30  person upon whose injury the claim is based.
31         (b)  Every physician, hospital, clinic, or other
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 393, 1st Eng.
    Amendment No. ___   Barcode 755260
 1  medical institution providing, before or after bodily injury
 2  upon which a claim for personal injury protection insurance
 3  benefits is based, any products, services, or accommodations
 4  in relation to that or any other injury, or in relation to a
 5  condition claimed to be connected with that or any other
 6  injury, shall, if requested to do so by the insurer against
 7  whom the claim has been made, furnish forthwith a written
 8  report of the history, condition, treatment, dates, and costs
 9  of such treatment of the injured person and why the items
10  identified by the insurer were reasonable in amount and
11  medically necessary, together with a sworn statement that the
12  treatment or services rendered were reasonable and necessary
13  with respect to the bodily injury sustained and identifying
14  which portion of the expenses for such treatment or services
15  was incurred as a result of such bodily injury, and produce
16  forthwith, and permit the inspection and copying of, his or
17  her or its records regarding such history, condition,
18  treatment, dates, and costs of treatment; provided that this
19  shall not limit the introduction of evidence at trial. Such
20  sworn statement shall read as follows: "Under penalty of
21  perjury, I declare that I have read the foregoing, and the
22  facts alleged are true, to the best of my knowledge and
23  belief." No cause of action for violation of the
24  physician-patient privilege or invasion of the right of
25  privacy shall be permitted against any physician, hospital,
26  clinic, or other medical institution complying with the
27  provisions of this section. The person requesting such records
28  and such sworn statement shall pay all reasonable costs
29  connected therewith. If an insurer makes a written request for
30  documentation or information under this paragraph within 30
31  days after having received notice of the amount of a covered
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 393, 1st Eng.
    Amendment No. ___   Barcode 755260
 1  loss under paragraph (4)(a), the amount or the partial amount
 2  which is the subject of the insurer's inquiry shall become
 3  overdue if the insurer does not pay in accordance with
 4  paragraph (4)(b) or within 10 days after the insurer's receipt
 5  of the requested documentation or information, whichever
 6  occurs later. For purposes of this paragraph, the term
 7  "receipt" includes, but is not limited to, inspection and
 8  copying pursuant to this paragraph. Any insurer that requests
 9  documentation or information pertaining to reasonableness of
10  charges or medical necessity under this paragraph without a
11  reasonable basis for such requests as a general business
12  practice is engaging in an unfair trade practice under the
13  insurance code.
14         (c)  In the event of any dispute regarding an insurer's
15  right to discovery of facts about an injured person's earnings
16  or about his or her history, condition, or treatment, or the
17  dates and costs of such treatment, the insurer may petition a
18  court of competent jurisdiction to enter an order permitting
19  such discovery.  The order may be made only on motion for good
20  cause shown and upon notice to all persons having an interest,
21  and it shall specify the time, place, manner, conditions, and
22  scope of the discovery. Such court may, in order to protect
23  against annoyance, embarrassment, or oppression, as justice
24  requires, enter an order refusing discovery or specifying
25  conditions of discovery and may order payments of costs and
26  expenses of the proceeding, including reasonable fees for the
27  appearance of attorneys at the proceedings, as justice
28  requires.
29         (d)  The injured person shall be furnished, upon
30  request, a copy of all information obtained by the insurer
31  under the provisions of this section, and shall pay a
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 393, 1st Eng.
    Amendment No. ___   Barcode 755260
 1  reasonable charge, if required by the insurer.
 2         (e)  Notice to an insurer of the existence of a claim
 3  shall not be unreasonably withheld by an insured.
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 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 1, lines 11-13, delete those lines
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10  and insert:
11         F.S.; revising provisions governing discovery;
12         providing an effective date.
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