Following Florida Office of Insurance Regulation Reminder on Deductible, Copayment Exemption, Rulemaking Begins on Florida’s Crimes Compensation Act Claims Filing

May 23, 2014

Rulemaking has commenced by the Florida Department of Legal Affairs to clarify definitions, documentation requirements, and amend benefits and procedures for claims filed pursuant to Florida’s Crimes Compensation Act.

Published on May 22, 2014, the corresponding Notice pertains to the following proposed Rules:

2A-2.0001  

Definitions

2A-2.002  

Victim Compensation Claims

2A-2.013  

Property Claims

2A-2.014  

Domestic Violence Relocation Assistance

2A-2.015  

Sexual Battery Relocation Assistance

A hearing will be scheduled if requested by a member of the public within 21 days.

To view the Notice and access the complete texts of each proposed Rule, click here.

An April 2013 Informational Memorandum (OIR-14-O1M) from the Florida Office of Insurance Regulation reminded property and casualty, as well as health insurers, that deductible or copayment provisions of any insurance policy are not applicable to a person determined to be eligible for exemption from them as a crime victim pursuant to the Florida Crimes Compensation Act.

The Memorandum was issued in response to a request by the Florida Attorney General’s Bureau of Victim Compensation (“BVC”) to inform insurers that the determination of what constitutes an eligible crime victim is ” . . . wholly made at the sole discretion of the BVC . . .”

The insurance waiver provision in the Florida Crimes Compensation Act was enacted in 1994.

To read the complete Memorandum, as well as the BVC’s request letter, click here.

 

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

 

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