UPDATE–OIR Hearing: Personal Injury Provider Certification

Dec 20, 2007

UPDATE:  

The OIR is accepting additional written comments on Proposed Rule 690-170.0155(n), “Personal Injury Provider Certification of Eligibility”  through Friday, December 21, 2007. 

Please review the Proposed Rule that is attached and, at your earliest convenience, provide this office with any comments that you may have and we will forward them to the Office of Insurance Regulation.

If you have any questions, please feel free to contact this office.

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On Tuesday, December 18, 2007 the Office of Insurance Regulation (“OIR”) held a public hearing relating to Proposed Rule 690-170.0155(n), “Personal Injury Provider Certification of Eligibility.” 

To read the hearing notice and full text of the Proposed Rule, click here.

The hearing was chaired by Steve Fredrickson, Deputy General Counsel for the OIR, and was attended by staff from the Agency for Health Care Administration (“AHCA”) and insurance industry representatives, including a member of this Firm.

The Proposed Rule would create the forms necessary for a health care provider to become certified to perform reimbursable medical procedures under the newly-created Personal Injury Protection (“PIP”) insurance law passed by the Florida Legislature in October, 2007. 

The new law requires medical providers to meet specific certification criteria in order to provide treatment to patients using PIP coverage.  In order to be eligible for reimbursement, providers will be required to affirm, under penalty of perjury, that they are statutorily authorized to treat PIP patients.

During the course of the meeting, insurers were permitted to ask several questions about the specifics of the Proposed Rule and comment on the difficulties associated with its implementation.  Specific concerns were stated relating to the definition of eligible providers, along with requests made for the OIR to allow recommend changes to the form.  Those requests were granted and it was agreed that those proposals would be sent to Mr. Fredrickson by Friday, December 21.

Because the Financial Services Commission will not vote on this Rule until January of 2008, there is still time to amend the proposal before it is adopted.  It is likely that another public hearing will be held shortly after Christmas to discuss the industry’s suggestions and finalize the proposal.

 

Should you have any questions or comments, please do not hesitate to contact this office.

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