FPCA Automobile Division: Florida Office of Insurance Regulation Holds Meeting on Personal Injury Protection Reform Implementation
Apr 5, 2012
Florida Property and Casualty Association Automobile Division Members:
On April 4, 2012, the Florida Office of Insurance Regulation (“OIR”) convened an informal meeting to discuss questions relating to the implementation of HB 119 relating to Personal Injury Protection insurance (“PIP”). Meeting attendees included insurance regulators and other industry members, representatives from the Office of Florida Governor Rick Scott, Florida Department of Health (“DOH”), and the Florida Agency for Healthcare Administration (“AHCA”).
A brief discussion occurred regarding the possible need for future legislation to correct and clarify certain aspects of HB 119, after which specific implementation issues were discussed. Generally, the OIR representatives indicated that they would consider issuing related instructional bulletins, memoranda and rulemaking where appropriate, with the intent of clarifying ambiguities and preserving the bill’s intent.
Initial questions related to implementing many of the policy form changes required by the modifications to PIP pursuant to HB 119, with a focus on implementing the requirement that an insurer notify a policyholder of its intention to limit reimbursement to the amount allowable under the Medicare fee schedule via the policy form. After a lengthy discussion, OIR representatives suggested that the most expeditious way to implement this provision would be that companies quickly make a form filing that only addresses the fee schedule issue. The OIR will consider issuing an informational memorandum or bulletin advising companies of specific acceptable fee schedule language.
Rate filing questions were addressed next. Essentially, OIR representatives indicated that they expect the required rate filings to have an effective date in the future, which would be commensurate with the changes to the benefits under HB 119.
Additionally, a variety of issues were discussed relating to clinic licensure and penalties for clinics and providers that violate the law. Representatives from the DOH and AHCA stated that their respective agencies were aware of many questions and ambiguities regarding implementation of HB 119, and were currently analyzing how they may be able to resolve these issues, while preserving the intent of the law. One specific piece of information provided by AHCA was that insurers will be able to verify whether or not a provider is licensed at www.floridahealthfinder.gov, which is updated daily.
Should you have any questions or comments, please contact Katie Webb (kwebb@cftlaw.com) at Colodny Fass.
