GREAT NEWS! NO NW
PIP LAWS THIS YEAR
April 29th, 2015
None of the bills
attacking PIP or assignments of benefits passed this legislative session which
has just ended early. Unless the issues are brought up in a special
session (which is highly unlikely) we should be fine for another year.
LATEST NEWS FROM TALLAHASSEE
February 24th, 2015
CURRENT LEGISLATIVE PROPOSALS AFFECTING PIP PROVIDERS:
HB 669 – RUSSEL LAZEGA'S ASSESSMENT: HORRIBLE FOR PIP
PROVIDERS. WOULD EFFECTIVELY BAR YOU FROM BEING ABLE TO CHALLENGE PIP
INSURER DENIALS AND REDUCTIONS BY MAKING THE INSURANCE COMPANY EFFECTIVELY
IMMUNE FROM HAVING TO PAY ATTORNEY’S FEES TO YOU IF THEY LOSE. WOULD MEAN
THAT YOU WOULD HAVE TO RELY ON PATIENT TO PAY THE BILL AND COLLECT FROM THEIR
OWN INSURER OR PAY YOUR OWN LAWYER OUT OF POCKET. HIGHLY RECOMMEND
TO VOICE OPPOSITION AS A PRIORITY.
General Bill by Tobia
Insurance Claims by Third Parties: Provides
for assignment of post-loss benefits; prohibits award of attorney fees in
certain suits brought by third party to insurance contract.
CS/HB 165 – RUSS LAZEGA'S ASSESSMENT – RELATIVELY NEUTRAL
TO PIP PROVIDERS
General Bill by Insurance & Banking Subcommittee and
Property and Casualty Insurance: Revises
provisions for making & use of rates for motor vehicle insurance;
increases amount of prior notice required with respect to nonrenewal,
cancellation, or termination of certain insurance policies; deletes certain
provisions that require extended periods of prior notice with respect to
nonrenewal, cancellation, or termination of certain insurance policies;
prohibits cancellation of certain policies; provides that policy or contract
may not be cancelled based on certain credit information; authorizes
policyholder of personal lines insurance to affirmatively elect delivery of
policy documents by electronic means; revises notification requirements for
participation in neutral evaluation program; revises time period for
applicability of certain Medicare fee schedules or payment limitations;
revises preinsurance inspection requirements for private passenger motor
HB 803 – RUSSEL LAZEGA'S ASSESSMENT – DRAMATIC EFFECT ON PIP
General Bill by Trujillo
Motor Vehicle Liability Insurance: Revises
legislative intent with respect to financial responsibility for damages
caused by operation of motor vehicle; increases financial responsibility
limits with respect to bodily injury or death; revises required threshold
limit for self-insurers; repeals Florida Motor Vehicle No-Fault Law; provides
for termination of personal injury protection policies; requires maintaining
minimum security requirements allowing person to respond to property damage
& bodily injury by certain date; requires insurer to notify insured about
such changes by certain date; provides for applicability of suspensions for
failure to maintain security; conforms provisions.
There has also been some discussion of proposing
to eliminate the requirement to carry PIP insurance for people that prove that
they have health insurance. Will keep you posted as this develops.
FLORIDA'S NEW PIP LAW EXPLAINED
Click Here for Free Video Seminar on 2012 PIP Law
SUPREME COURT DECIDES FEE SCHEDULE REDUCTION CASE
By RUSSEL LAZEGA
THE SUPREME COURT OF FLORIDA on July 5, 21013 ruled that PIP insurers may not apply the 2008 PIP medical fee schedule to reduce medical provider bills unless the insurance policy specifically indicated that this payment methodology would be used. What this means for Florida hospitals and medical providers is that medical providers may be able to go back as far as 2008 and recoup these reductions from the insurers.
Click here for link to court decision
SUPREME COURT RULES AGAINST INSURER IN PIP DISPUTE
By JIM SAUNDERS
THE NEWS SERVICE OF FLORIDA
THE CAPITAL, TALLAHASSEE, June 27, 2013.........In a blow to the insurance industry, a divided Florida Supreme Court on Thursday ruled that Geico could not require a woman to give a statement under oath as a condition of receiving injury benefits after an auto accident.
Click for Link to Full Article
Click for Link to Opinion (Supreme Court Cites Russel Lazega as Authoritative Source on P.I.P.)
MORE TALKS OF SCRAPPING PIP FOR MANDATORY BI
Click here for link to articles
APPEALS COURT OVERTURNS INJUNCTION ON NEW PIP LAW
The Florida 1st District Court of Appeal has overturned an injunction issued by Tallahassee Judge Terry Lewis which had barred the Department of FInancial Services from enforcing parts of the new PIP law. The appeals court found that the massage therapists and acupuncturists who brought the challenge lacked any legal standing or right to bring the claim because they were not the injured accident victim and therefore did not suffer direct injury as a result of the law. The decision clearly leaves open the possibility of future challenges to the law law by accident victims as well as possible appeal to the Supreme Court. We'll keep watching as the battle has just started.
Click Below for Link to Articles
Article on Original Injunction
SENATE CONSIDERS PLAN TO REPLACE PIP WITH MANDATORY BI
Click Below for Link to Article
David Bierman featured interview on
CNN/Comcast Newsmakers regarding
homeowner's insurance laws.
Russel Lazega featured interview with
Kelly Craig on Channel 6 news regarding
homeowner's insurance issues.