Florida Personal Injury Protection Bill Filed

Filed on February 23, 2011 by State Representative Mike Horner, HB 967 relating to Personal Injury Protection Insurance provides that circuit courts have exclusive original jurisdiction over unresolved arbitration actions involving Florida Motor Vehicle No-Fault Law. 

Should it become law, HB 967 would require requests for the disclosure of certain information to be by certified mail.  It also would revise reference to Medicare Part B payments as a schedule for an insurer’s discretionary use when limiting reimbursement of certain medical services, supplies and care.  It also specifies the Medicare fee schedule or payment limitation that is to be used by an insurer to limit reimbursements.

HB 967 would require both policyholders and any assignee to cooperate under the terms of the applicable policy and require an assignee provider to submit to an examination under oath, the recording of which would be authorized. The bill would further require a provider to produce certain knowledgeable individuals for examination and require certain records to be provided by claimants for inspection.   Certain actions by an insurer would constitute unfair and deceptive trade practices under the provisions of the bill, which subjects insurers to penalties for these practices.  HB 967 would create a presumption relating to failing to appear for examination, as well as limit the amount of attorney’s fees.  Use of contingency risk multipliers would be prohibited.

Finally, HB 967 would authorize binding arbitration for dispute resolution and provide for the appeal of an arbitration award, as well as scope of review on appeal.

To view complete bill information on HB 967, click here.

Should you have any questions or comments, please contact Colodny Fass.