Signed by Governor Rick Scott

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that amends personal injury protection insurance requirements and regulations, effective July 1, 2012.

Highlights:

• Requires an insured person seeking benefits under a personal injury protection policy to submit to an examination under oath, provided that the questioning is limited to “relevant” information (Sec. 10).

• Exempts the personal injury protection carrier from the requirement to pay medical or other benefits if the insured person refuses to submit to a mental or physical examination deemed material to a claim (Sec. 10).

• Authorizes an injured person to claim medical benefits from a personal injury protection policy if the person receives initial medical services within 14 days of the accident that caused the injury (Sec. 10).

• Authorizes an injured person to receive medical benefits under a personal injury protection policy up to the following amounts (Sec. 10):
• $10,000 if a physician, dentist, physician assistant, or an advanced registered nurse practitioner determines that the injured person's condition is an emergency medical condition; or
• $2,500 if the injured person does not have an emergency medical condition.

• Prohibits the award of medical benefits for massage or acupuncture services (Sec. 10).

• Requires an insurer who rejects a claim to provide an itemized explanation and allow the injured person 15 days to submit a revised claim (Sec. 10).

• Authorizes the payment of a death benefit of $5,000 to family members by blood, marriage, or adoption or the executor of the deceased, in addition to any medical and disability benefits provided under the insurance policy (Sec. 10).

• Authorizes the establishment of a non-profit “direct-support organization” that will operate under contract with the Division of Insurance Fraud for the purpose of investigating, prosecuting, and preventing motor vehicle insurance fraud (Sec. 7).

• Authorizes insurers to make contributions to the direct-support organization (Sec. 7).

Full Bill Text

Vote Smart's Synopsis:

Vote to concur with Senate amendments and adopt additional amendments to a bill that amends personal injury protection insurance requirements and regulations, effective July 1, 2012.

Highlights:

• Requires an insured person seeking benefits under a personal injury protection policy to submit to an examination under oath, provided that the questioning is limited to “relevant” information (Sec. 10).

• Exempts the personal injury protection carrier from the requirement to pay medical or other benefits if the insured person refuses to submit to a mental or physical examination deemed material to a claim (Sec. 10).

• Authorizes an injured person to claim medical benefits from a personal injury protection policy if the person receives initial medical services within 14 days of the accident that caused the injury (Sec. 10).

• Authorizes an injured person to receive medical benefits under a personal injury protection policy up to the following amounts (Sec. 10):
• $10,000 if a physician, dentist, physician assistant, or an advanced registered nurse practitioner determines that the injured person's condition is an emergency medical condition; or
• $2,500 if the injured person does not have an emergency medical condition.

• Prohibits the award of medical benefits for massage or acupuncture services (Sec. 10).

• Requires an insurer who rejects a claim to provide an itemized explanation and allow the injured person 15 days to submit a revised claim (Sec. 10).

• Authorizes the payment of a death benefit of $5,000 to family members by blood, marriage, or adoption or the executor of the deceased, in addition to any medical and disability benefits provided under the insurance policy (Sec. 10).

• Authorizes the establishment of a non-profit “direct-support organization” that will operate under contract with the Division of Insurance Fraud for the purpose of investigating, prosecuting, and preventing motor vehicle insurance fraud (Sec. 7).

• Authorizes insurers to make contributions to the direct-support organization (Sec. 7).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends requirements for insurance companies who provide personal injury protection policies.

Highlights:

• Requires insurance companies to pay for 80 percent of all of the following reasonable expenses after a motor vehicle accident up to a limit of $10,000 for individuals insured through a personal injury protection plan (Sec. 11):
• Emergency transport and treatment by an ambulance provider within 24 hours of the accident;
• Emergency services provided by a hospital within 7 days of the accident; and
• Emergency services provided by a hospital more than 7 days after the accident, if the insured is determined to have an emergency condition related to the initial medical diagnosis made in a hospital and arising from the motor vehicle accident.

• Requires insurance companies to pay for 80 percent of all of the following reasonable expenses after a motor vehicle accident up to a limit of $1,500 for individuals insured through a personal injury protection plan (Sec. 11):
• Services rendered within 7 days after the motor vehicle accident by a licensed physician, osteopathic physician, dentist, physician assistant, or advanced registered nurse practitioner.

• Limits the amount of attorney fees that can be recovered in a dispute between the insured and the insurer to the lesser of the actual fee incurred based upon a rate of no more than $200 per billable hour or 1 of the following amounts (Sec. 4):
• 15 times any disputed amount that is less than $500, up to a limit of $5,000;
• 10 times any disputed amount that is more than $500 but less than $5,000, up to a limit of $10,000; or
• 5 times any disputed amount that is more than $5,000 but less than $10,000, up to a limit of $15,000.

• Limits death benefits to $5,000 per individual (Sec. 11).

Full Bill Text