Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1596
                        Barcode 824364
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       05/02/2006 10:09 AM         .                    
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11  Senator King moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 14, line 13, through
15            page 15, line 2, delete those lines
16  
17  and insert:  
18         Section 13.  Subsection (7) of section 627.736, Florida
19  Statutes, is amended, and subsection (14) is added to that
20  section, to read:
21         627.736  Required personal injury protection benefits;
22  exclusions; priority; claims.--
23         (7)  MENTAL AND PHYSICAL EXAMINATION OF INJURED PERSON;
24  REPORTS.--
25         (a)  Whenever the mental or physical condition of an
26  injured person covered by personal injury protection is
27  material to any claim that has been or may be made for past or
28  future personal injury protection insurance benefits, such
29  person shall, upon the request of an insurer, submit to mental
30  or physical examination by a physician or physicians.  The
31  costs of any examinations requested by an insurer shall be
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    Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1596
                        Barcode 824364
 1  borne entirely by the insurer. Such examination shall be
 2  conducted within the municipality where the insured is
 3  receiving treatment, or in a location reasonably accessible to
 4  the insured, which, for purposes of this paragraph, means any
 5  location within the municipality in which the insured resides,
 6  or any location within 10 miles by road of the insured's
 7  residence, provided such location is within the county in
 8  which the insured resides. If the examination is to be
 9  conducted in a location reasonably accessible to the insured,
10  and if there is no qualified physician to conduct the
11  examination in a location reasonably accessible to the
12  insured, then such examination shall be conducted in an area
13  of the closest proximity to the insured's residence.  Personal
14  protection insurers are authorized to include reasonable
15  provisions in personal injury protection insurance policies
16  for mental and physical examination of those claiming personal
17  injury protection insurance benefits. An insurer may not
18  withdraw payment of a treating physician without the consent
19  of the injured person covered by the personal injury
20  protection, unless the insurer first obtains a valid report by
21  a Florida physician licensed under the same chapter as the
22  treating physician whose treatment authorization is sought to
23  be withdrawn, stating that treatment was not reasonable,
24  related, or necessary.
25         (b)  A valid report is one that is prepared and signed
26  by the physician examining the injured person or reviewing the
27  treatment records of the injured person or other relevant
28  information and is factually supported by the examination and
29  treatment records if reviewed and that has not been modified
30  by anyone other than the physician. Such a report may be
31  written by a physician who has reviewed the medical records of
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    Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1596
                        Barcode 824364
 1  the insured, even if the physician has not physically examined
 2  the insured.
 3         (c)  The physician preparing the report must be in
 4  active practice, unless the physician is physically disabled.
 5  Active practice means that during the 3 years immediately
 6  preceding the date of the physical examination or review of
 7  the treatment records the physician must have devoted
 8  professional time to the active clinical practice of
 9  evaluation, diagnosis, or treatment of medical conditions or
10  to the instruction of students in an accredited health
11  professional school or accredited residency program or a
12  clinical research program that is affiliated with an
13  accredited health professional school or teaching hospital or
14  accredited residency program.
15         (d)  The physician preparing a report at the request of
16  an insurer and physicians rendering expert opinions on behalf
17  of persons claiming medical benefits for personal injury
18  protection, or on behalf of an insured through an attorney or
19  another entity, shall maintain, for at least 3 years, copies
20  of all examination reports as medical records and shall
21  maintain, for at least 3 years, records of all payments for
22  the examinations and reports.
23         (e)  Neither an insurer nor any person acting at the
24  direction of or on behalf of an insurer may materially change
25  an opinion in a report prepared under this subsection
26  paragraph or direct the physician preparing the report to
27  change such opinion. The denial of a payment as the result of
28  such a changed opinion constitutes a material
29  misrepresentation under s. 626.9541(1)(i)2.; however, this
30  provision does not preclude the insurer from calling to the
31  attention of the physician errors of fact in the report based
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    Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1596
                        Barcode 824364
 1  upon information in the claim file or on new information that
 2  will become part of the claim file.
 3         (f)(b)  If requested by the person examined, a party
 4  causing an examination to be made shall deliver to him or her
 5  a copy of every written report concerning the examination
 6  rendered by an examining physician, at least one of which
 7  reports must set out the examining physician's findings and
 8  conclusions in detail.  After such request and delivery, the
 9  party causing the examination to be made is entitled, upon
10  request, to receive from the person examined every written
11  report available to him or her or his or her representative
12  concerning any examination, previously or thereafter made, of
13  the same mental or physical condition.  By requesting and
14  obtaining a report of the examination so ordered, or by taking
15  the deposition of the examiner, the person examined waives any
16  privilege he or she may have, in relation to the claim for
17  benefits, regarding the testimony of every other person who
18  has examined, or may thereafter examine, him or her in respect
19  to the same mental or physical condition. If a person
20  unreasonably fails or unreasonably refuses to submit to an
21  examination, the personal injury protection carrier is no
22  longer liable for subsequent personal injury protection
23  benefits.
24         (g)  During the independent medical examination,
25  neither the insurer, the insured, nor the assignee of the
26  insured may have counsel, a court reporter, or a videographer
27  present.
28         (h)  This section does not preclude or limit the
29  ability of the insurer to assert that the claim was unrelated,
30  was not medically necessary, or was unreasonable or that the
31  amount of the charge was in excess of that permitted under, or
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    Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1596
                        Barcode 824364
 1  in violation of, this section. Such an assertion by the
 2  insurer may be made, through or without expert testimony, at
 3  any time, including after payment of the claim or after the
 4  30-day time period for payment set forth in this section.
 5         (14)  FRAUD ADVISORY NOTICE.--Upon receiving notice of
 6  a claim under this section, an insurer shall provide a notice
 7  to the insured or to a person for whom a claim for
 8  reimbursement for diagnosis or treatment of injuries has been
 9  filed, advising that:
10         (a)  Pursuant to s. 626.9892, the Department of
11  Financial Services may pay rewards of up to $25,000 to persons
12  providing information leading to the arrest and conviction of
13  persons committing crimes investigated by the Division of
14  Insurance Fraud arising from violations of s. 440.105, s.
15  624.15, s. 626.9541, s. 626.989, or s. 817.234.
16         (b)  Solicitation of a person injured in a motor
17  vehicle crash for purposes of filing personal injury
18  protection or tort claims could be a violation of s. 817.234,
19  s. 817.505, or the rules regulating The Florida Bar and should
20  be immediately reported to the Division of Insurance Fraud if
21  such conduct has taken place.
22         Section 14.  Section 627.7403, Florida Statutes, is
23  amended to read:
24         627.7403  Mandatory joinder of derivative claim.--
25         (a)  In any action brought pursuant to the provisions
26  of s. 627.737 claiming personal injuries, all claims arising
27  out of the plaintiff's injuries, including all derivative
28  claims, shall be brought together, unless good cause is shown
29  why such claims should be brought separately.
30         (b)  In any action brought under s. 627.736 claiming
31  personal injury protection benefits, all claims arising out of
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    Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1596
                        Barcode 824364
 1  the claimant's injuries, including all claims resulting from a
 2  valid assignment of benefits that are, or with due diligence
 3  could have been, identified must be brought at the same time
 4  and consolidated into one cause of action or shall be deemed
 5  waived.
 6         Section 15.  Section 627.7404, Florida Statutes, is
 7  created to read:
 8         627.7404  Interpleader.--An action for interpleader or
 9  in the nature of interpleader may be brought against two or
10  more adverse claimants who claim or may claim entitlement to
11  benefits that may be available pursuant to a policy of motor
12  vehicle insurance. The claims of the several defendants need
13  not have a common origin or be identical but may be adverse to
14  and independent of each other. The plaintiff may deny
15  liability in whole or in part to any or all of the defendants.
16  A defendant may likewise obtain interpleader by way of
17  counterclaim or cross-claim. the complaint for interpleader
18  shall specify the nature and value of the benefits and must be
19  accompanied by payment or tender into court of the benefits
20  available. The complaint may request, and the court may grant
21  prior to the entry of an order of interpleader, appropriate
22  ancillary relief, including, but not limited to, preliminary
23  injunctive relief. Interpleading of policy limits is prima
24  facie evidence of good faith on the part of the insurance
25  company. This section does not limit the joinder of parties as
26  otherwise required or permitted by the laws of this state.
27  
28  (Redesignate subsequent sections.)
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    Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1596
                        Barcode 824364
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         On page 3, lines 6-11, delete those lines
 4  
 5  and insert:
 6         may not exceed 21 days; amending s. 627.736,
 7         F.S.; revising requirements for the mental and
 8         physical examination of injured persons and
 9         reports relating to such examinations;
10         requiring insurers to provide certain persons
11         with notice of the department's Anti-Fraud
12         Reward Program and the criminal violations that
13         may be reported in pursuit of an award;
14         amending s. 627.7403, F.S.; providing that
15         certain claims must be consolidated or are
16         waived; creating s. 627.7404, F.S.; providing
17         for actions for interpleader; providing
18         procedures; allowing the provision of
19         appropriate ancillary relief; providing that
20         interpleading of policy limits is prima facie
21         evidence of an insurance company's good faith;
22         providing that the section does not limit the
23         otherwise lawful joinder of parties; amending
24         s. 627.7401, F.S.; requiring
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