Workers’ Compensation Insurers’ Standards and Practices Rule Hearing Report: January 6
Jan 7, 2009
On January 6, 2009, the Florida Department of Financial Services, Division of Workers’ Compensation, held a Rule hearing to discuss the following proposed Rules:
- 69L-24.001: Purpose
- 69L-24.002: Scope
- 69L-24.003: Definitions
- 69L-24.004: Monitoring, Examining and Investigating
- 69L-24.005: Maintaining and Providing Records
- 69L-24.006: Administrative Penalties and Fines
- 69L-24.007: Patterns and Practices
- 69L-24.021: Minimum Performance Standards
- 69L-24.0211: Monitoring
- 69L-24.022: Auditing
- 69L-24.0222: Re-Audit and Certification for Noncompliance
- 69L-24.0231: Benefits and Administration Trust Fund Penalties Improper Filing Practices
- 69L-24.024: Medical Penalties
- 69L-24.0241: Employee Failure to Appear for Independent Medical Examination
The purpose of Rule Chapter 69L-24 is to establish uniform guidelines under which the Division of Workers’ Compensation will monitor, audit and investigate regulated entities to ensure compliance with statutory obligations and establish penalty assessment guidelines for non-compliance. Those obligations include: requirements to provide timely payment of workers’ compensation benefits to injured workers, timely payment of medical bills to providers and timely reporting of workers’ compensation data to the Department of Financial Services.
During the hearing, audience members expressed concerns about penalties prescribed by Rule 69L-24.007: Patterns and Practices.
As the Rule currently is written, if a regulated entity commits two non-willful violations during a two-year period, the violations then would be considered willful and the entity would face a $20,000 penalty.
Representatives from the Florida Department of Financial Services said they would review the language and asked for the public to offer comments as well.
The record will remain open for comment for 21 days.
Should you have any questions or comments, please do not hesitate to contact Colodny Fass.
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