SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 870956
CHAMBER ACTION
Senate House
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11 Senator Atwater moved the following amendment:
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13 Senate Amendment
14 Between lines 4150 and 4151,
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16 insert:
17 (15)(a) The department shall examine on an ongoing
18 basis claims files in accordance with s. 624.3161 and may
19 impose fines pursuant to s. 624.310(5) and this chapter in
20 order to identify questionable claims-handling techniques,
21 questionable patterns or practices of claims, or a pattern of
22 repeated unreasonably controverted claims by carriers, as
23 defined in s. 440.02, providing services to employees pursuant
24 to this chapter. If the department finds such questionable
25 techniques, patterns, or repeated unreasonably controverted
26 claims as constitute a general business practice of a carrier,
27 as defined in s. 440.02, the department shall take appropriate
28 action so as to bring such general business practices to a
29 halt pursuant to s. 440.38(3) or may impose penalties pursuant
30 to s. 624.4211. The department may initiate investigations of
31 questionable techniques, patterns, practices, or repeated
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SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 870956
1 unreasonably controverted claims. The department may by rule
2 establish forms and procedures for corrective action plans and
3 for auditing carriers.
4 (b) As to any examination, investigation, or hearing
5 being conducted under this chapter, the Insurance Commissioner
6 or his or her designee:
7 1. May administer oaths, examine and cross-examine
8 witnesses, receive oral and documentary evidence; and
9 2. Shall have the power to subpoena witnesses, compel
10 their attendance and testimony, and require by subpoena the
11 production of books, papers, records, files, correspondence,
12 documents, or other evidence which is relevant to the inquiry.
13 (c) If any person refuses to comply with any such
14 subpoena or to testify as to any matter concerning which she
15 or he may be lawfully interrogated, the Circuit Court of Leon
16 County or of the county wherein such examination,
17 investigation, or hearing is being conducted, or of the county
18 wherein such person resides, may, on the application of the
19 department, issue an order requiring such person to comply
20 with the subpoena and to testify.
21 (d) Subpoenas shall be served, and proof of such
22 service made, in the same manner as if issued by a circuit
23 court. Witness fees, costs, and reasonable travel expenses, if
24 claimed, shall be allowed the same as for testimony in a
25 circuit court.
26 (e) The department shall publish annually a report
27 which indicates the promptness of first payment of
28 compensation records of each carrier or self-insurer so as to
29 focus attention on those carriers or self-insurers with poor
30 payment records for the preceding year. The department shall
31 take appropriate steps so as to cause such poor carrier
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10:37 AM 04/30/03 h1837b-25j01
SENATE AMENDMENT
Bill No. HB 1837, 2nd Eng.
Amendment No. ___ Barcode 870956
1 payment practices to halt pursuant to s. 440.38(3). In
2 addition, the department shall take appropriate action so as
3 to halt such poor payment practices of self-insurers. "Poor
4 payment practice" means a practice of late payment sufficient
5 to constitute a general business practice.
6 (f) The department shall promulgate rules providing
7 guidelines to carriers, as defined in s. 440.02,
8 self-insurers, and employers to indicate behavior that may be
9 construed as questionable claims-handling techniques,
10 questionable patterns of claims, repeated unreasonably
11 controverted claims, or poor payment practices.
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