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NEW PIP LAW CONSTITUTIONAL CHALLENGE UPDATE
By The FCA   
Friday, 14 December 2012
Judge Richard A. Lazzara, Federal Judge, Middle District of Florida, issued a 9-page Order denying the Motion for Temporary Injunction in the lawsuit filed by Luke Lirot, Esquire, originally in Leon County State Court but recently dismissed and filed in Federal Court.


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Update on Lawsuit Challenging New PIP Law HB 119
By The FCA   
Thursday, 06 December 2012
As reported last week, the Constitutional Challenge and Injunction to HB 119 filed against Kevin McCarty of the Office of Insurance Regulation, in the Circuit Court in Leon County, Florida, was voluntarily dismissed on November 20, 2012. A similar lawsuit was filed in Federal Court (Middle District).  A hearing is set to take place on December 13th in Tampa.
 
Update on Lawsuit Challenging New PIP Law HB 119
By The FCA   
Friday, 30 November 2012
The Constitutional Challenge and Injunction to HB 119 filed against Kevin McCarty of the Office of Insurance Regulation, in the Circuit Court in Leon County, Florida, was voluntarily dismissed on November 20, 2012. A similar lawsuit was filed in Federal Court (Middle District). To date there has been no response to the federal filing.
 
Constitutional Challenge Filed Against the “New” PIP Law
By The FCA   
Friday, 28 September 2012

You may already have heard that a constitutional challenge has been filed in Leon County Circuit Court against House Bill 119 (“new” PIP) just last Friday, Sept. 21st.  A summary of the Complaint prepared by FCA Counsel is posted for your viewing below.

As we reported back in late-July, both Paul Lambert and Kim Driggers have been serving on an ad hoc committee comprised of appellate, constitutional, and PIP lawyer members of the Florida Justice Association, who analyzed the possible constitutional challenges to House Bill 119.   It was the position of those on the Committee that a constitutional challenge was not ripe.  The committee looked at the issues contained in the recently filed Complaint and others, and did not support the filing of a lawsuit for declaratory or injunctive relief on the legal theories presented. 

The judge assigned to this case is Governor Rick Scott appointed (10/2011) Circuit Court Judge Kevin Carroll.

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Latest on Potential Legal Challenges to PIP Law
By The FCA   
Friday, 27 July 2012
The FCA continues to be engaged with the FJA (Florida Justice Association) in an ad hoc committee to study and determine if there are any valid challenges that can be made to the new statute and how and when they might be made. The Committee consists of some of the best and brightest in the relevant fields (Constitutional, Appellate, and PIP) and it has studied the issues, had numerous phone conferences and met in person. To date, the committee has not been able to identify any challenge that can be brought at this time that would be likely to succeed in bringing any relief to health care professionals who will have PIP coverage for their services reduced or eliminated by the new law.
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PIP CHANGES REMINDER – JULY 1, 2012 vs. JANUARY 1, 2013 EFFECTIVE DATE
By The FCA   
Friday, 29 June 2012

The primary changes to the new PIP law do not go into effect until January 1, 2013, including the provision that eliminates massage and acupuncture as a reimbursable medical benefit under PIP.  While a “glitch” to the effective date of July 1, 2012, exists, the FCA understands, based on the memo from the Agency for Health Care Administration, that auto insurers will NOT deny PIP benefits between July 1st and January 1st.  

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WHAT IS THE FCA DOING ABOUT HOUSE BILL 119 / PIP?
By The FCA   
Friday, 29 June 2012
You have asked us. Here is what you need to know. 

The FCA has joined the FJA (Florida Justice Association) in an ad hoc committee to study and determine if there are any valid challenges that can be made to the new statute and how and when they might be made.  The Committee consists of some of the best and brightest in the relevant fields (Constitutional, Appellate, and PIP) and it has studied the issues, had numerous phone conferences and met in person. 

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The Road to PIP Reform: What’s Around the Corner?
By The FCA   
Friday, 25 May 2012
The buzz continues around the pending changes to Florida’s PIP/No-fault insurance system since the Legislature passed a series of reforms in early March, just approved on May 4th by Gov. Rick Scott.  Here’s a look at the very latest happenings on several fronts, as all of the stakeholders involved continue to try to make sense of the changes and map a course for the future.

 

On the government front…

A letter authored by State Rep. Rick Kriseman (D-St. Petersburg) released to the media earlier this week asks Gov. Scott some tough questions relating to the forthcoming PIP changes.  
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Governor Signs PIP Legislation, HB 119
By The FCA   
Monday, 07 May 2012
                Governor Rick Scott on Friday signed into law the PIP legislation known as House Bill 119 – replete with clashing effective dates and complexities that many say could lead to a flurry of litigation.

                Members have asked what to do on July 1 when the PIP bill glitch takes effect. It is recommended that members continue to file PIP claims following the usual course of business. Members are requested to notify the FCA should an insurer deny a claim based upon the glitch.
 
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PIP/No-Fault Reform: New Problems, Questions Surface as Gov’s Countdown Begins
By The FCA   
Wednesday, 25 April 2012

Just as the Legislature finally delivered its PIP/No-Fault reform proposal to Gov. Scott’s desk last Friday, new problems and questions came to light, likely impacting his presumed approval of the measure.  Scott has a constitutionally-mandated 15 days to make a decision whether to approve or veto House Bill 119, the Legislature’s last-minute attempt to reform PIP this year.  The flawed bill continues to generate considerable controversy.

 

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PIP BULLETIN – WATCH FOR SOLICITATIONS AND BAD LEGAL ADVICE!
By The FCA   
Tuesday, 10 April 2012

In the post-Session frenzy of the new PIP law (expected to become law soon), many of our members have received solicitations from medical doctors to provide chiropractic patients an Emergency Medical Condition (“EMC”) determination in order to attempt to obtain the full $10,000 in PIP benefits. BEWARE! These schemes violate federal and state fraud and abuse laws. Additionally, it appears that some lawyers are sending members bad information on the anticipated interpretation of the new PIP law.

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