Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1122
       
       
       
       
       
       
                                Barcode 268054                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/06/2009           .                                
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       The Committee on Banking and Insurance (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 35 and 36
    4  insert:
    5         Section 2. Paragraph (a) of subsection (1) of section
    6  627.736, Florida Statutes, is amended to read:
    7         627.736 Required personal injury protection benefits;
    8  exclusions; priority; claims.—
    9         (1) REQUIRED BENEFITS.—Every insurance policy complying
   10  with the security requirements of s. 627.733 shall provide
   11  personal injury protection to the named insured, relatives
   12  residing in the same household, persons operating the insured
   13  motor vehicle, passengers in such motor vehicle, and other
   14  persons struck by such motor vehicle and suffering bodily injury
   15  while not an occupant of a self-propelled vehicle, subject to
   16  the provisions of subsection (2) and paragraph (4)(e), to a
   17  limit of $10,000 for loss sustained by any such person as a
   18  result of bodily injury, sickness, disease, or death arising out
   19  of the ownership, maintenance, or use of a motor vehicle as
   20  follows:
   21         (a) Medical benefits.—Eighty percent of all reasonable
   22  expenses for medically necessary medical, surgical, X-ray,
   23  dental, and rehabilitative services, including prosthetic
   24  devices, and medically necessary ambulance, hospital, and
   25  nursing services. However, the medical benefits shall provide
   26  reimbursement only for such services and care that are lawfully
   27  provided, supervised, ordered, or prescribed by a physician
   28  licensed under chapter 458 or chapter 459, a dentist licensed
   29  under chapter 466, or a chiropractic physician licensed under
   30  chapter 460 or that are provided by any of the following persons
   31  or entities:
   32         1. A hospital or ambulatory surgical center licensed under
   33  chapter 395.
   34         2. A person or entity licensed under ss. 401.2101-401.45
   35  that provides emergency transportation and treatment.
   36         3. An entity wholly owned by one or more physicians
   37  licensed under chapter 458 or chapter 459, chiropractic
   38  physicians licensed under chapter 460, or dentists licensed
   39  under chapter 466 or by such practitioner or practitioners and
   40  the spouse, parent, child, or sibling of that practitioner or
   41  those practitioners.
   42         4. An entity under common ownership wholly owned, directly
   43  or indirectly, with by a hospital or hospitals.
   44         5. A health care clinic licensed under ss. 400.990-400.995
   45  that is:
   46         a. Accredited by the Joint Commission on Accreditation of
   47  Healthcare Organizations, the American Osteopathic Association,
   48  the Commission on Accreditation of Rehabilitation Facilities, or
   49  the Accreditation Association for Ambulatory Health Care, Inc.;
   50  or
   51         b. A health care clinic that:
   52         (I) Has a medical director licensed under chapter 458,
   53  chapter 459, or chapter 460;
   54         (II) Has been continuously licensed for more than 3 years
   55  or is a publicly traded corporation that issues securities
   56  traded on an exchange registered with the United States
   57  Securities and Exchange Commission as a national securities
   58  exchange; and
   59         (III) Provides at least four of the following medical
   60  specialties:
   61         (A) General medicine.
   62         (B) Radiography.
   63         (C) Orthopedic medicine.
   64         (D) Physical medicine.
   65         (E) Physical therapy.
   66         (F) Physical rehabilitation.
   67         (G) Prescribing or dispensing outpatient prescription
   68  medication.
   69         (H) Laboratory services.
   70  
   71  The Financial Services Commission shall adopt by rule the form
   72  that must be used by an insurer and a health care provider
   73  specified in subparagraph 3., subparagraph 4., or subparagraph
   74  5. to document that the health care provider meets the criteria
   75  of this paragraph, which rule must include a requirement for a
   76  sworn statement or affidavit.
   77  
   78  Only insurers writing motor vehicle liability insurance in this
   79  state may provide the required benefits of this section, and no
   80  such insurer shall require the purchase of any other motor
   81  vehicle coverage other than the purchase of property damage
   82  liability coverage as required by s. 627.7275 as a condition for
   83  providing such required benefits. Insurers may not require that
   84  property damage liability insurance in an amount greater than
   85  $10,000 be purchased in conjunction with personal injury
   86  protection. Such insurers shall make benefits and required
   87  property damage liability insurance coverage available through
   88  normal marketing channels. Any insurer writing motor vehicle
   89  liability insurance in this state who fails to comply with such
   90  availability requirement as a general business practice shall be
   91  deemed to have violated part IX of chapter 626, and such
   92  violation shall constitute an unfair method of competition or an
   93  unfair or deceptive act or practice involving the business of
   94  insurance; and any such insurer committing such violation shall
   95  be subject to the penalties afforded in such part, as well as
   96  those which may be afforded elsewhere in the insurance code.
   97  
   98  ================= T I T L E  A M E N D M E N T ================
   99         And the title is amended as follows:
  100         Delete line 14
  101  and insert:
  102  payment; amending s. 627.736, F.S.; revising the list of
  103  providers for whose services insurers providing personal injury
  104  protection benefits must pay a specified percentage of medical
  105  expenses; providing an effective date.