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Appeals Court Grants the FCA Permission to File Amicus Brief in Myers v. McCarty

                On June 14 the First District Court of Appeal granted the FCA’s earlier filed motion seeking permission to file an Amicus or, friend of the court, brief in support of the order by Judge Terry Lewis, Leon County Circuit Court judge, enjoining application of certain parts of the new PIP law in Myers v. McCarty. The FCA filed its friend of the Court brief on June 13.  In its brief, the FCA sheds light to the appellate court on the practice of Chiropractic and on the irreparable harm imposed by the new 2012 PIP law. 

FCA Webinar Series: New PIP Laws After HB 119

Effective Dates, New Patients, Denials and Limits.

While we would all agree that the “new PIP” is not what Floridians need or expect, you can still be of tremendous service to your patients.  The FCA now offers a new 33-minute webinar on PIP as part of its ongoing effort to assist you in this period of transition, to supplement the vast resources already posted for easy member access on the FCA web site and the PIP classes being offered at every FCA convention this year.  View it at your convenience, as many times as you would like.  We thank our presenters, FCA General Counsel Paul Lambert and FCA Asst. General Counsel Kim Driggers, for their invaluable insights in “New PIP Laws After House Bill 119: Effective Dates, New Patients, Denials and Limits.”  We also thank Dr. Sig Miller of ChiroView Presents for his excellent job as moderator. 

Judge Grants Request to Vacate Stay of the Injunction in PIP Constitutional Challenge

Circuit Court Judge Terry Lewis issued an order granting the Plaintiff's request to remove the stay on the temporary injunction in the case of Myers v. McCarty, that will now put the injunction back in place on the new PIP law.  What does that mean to you?  Effectively, auto carriers should be paying PIP benefits per the old law without regard to the limitations set forth by the definition of "Emergency Medical Condition" and without denying massage therapy or acupuncture services.

Judge Issues Temporary Injunction in PIP Lawsuit

Judge Terry Lewis, Circuit Court, Tallahassee, Leon County, Florida (19th Judicial Circuit) has issued an order granting in part a motion for temporary injunction relating to Florida’s new PIP law. The order concludes:

“Accordingly, it is ORDERED AND ADJUDGED as follows:

Third Lawsuit Filed Challenging PIP Law

A third lawsuit challenging the validity of the changes to the PIP statute that took effect on January 1, 2013, was filed in the Leon County Circuit Court on January 7 by the same law firm who filed the prior two lawsuits.  The original State court action was filed in Leon County but voluntarily dismissed by the Plaintiffs without a hearing or explanation.  They filed a second suit in the federal court in Hillsborough County that was dismissed by the federal judge. Upon the Plaintiff’s motion for reconsideration, the federal judge likewise issued a lengthy order denying reconsideration on the claims.  The third suit now filed again in Leon County Circuit Court, raises similar allegations as were raised in the previous suits.  

Federal Lawsuit Challenging PIP Law Dismissed

            On December 27, 2012 Federal Judge Richard A. Lazzara dismissed a lawsuit filed November 23, 2012 in the federal court in Tampa challenging the validity of the PIP law that became effective on January 1, 2013. The Plaintiffs are an acupuncture physician, a chiropractic physician, two licensed massage therapists, a John Doe and a Jane Doe.

Are You Ready for the “New PIP?”

Floridians, providers, lawyers, judges, and juries alike, are going to have to wade through the ambiguities of New PIP. We’re all in it together. Preparation is key.
 
Well, as much preparation as is possible with New PIP.  
 
While we would all agree that the “new PIP” is not what Floridians need or expect, you can still be of tremendous service to your patients.  Start by reading this article and avail yourself of the many tools provided by the FCA legal staff to help you.  In a great new article written for the upcoming issue of the FCA Journal, FCA Assistant General Counsel Kim Driggers outlines pro-active steps you can take to deal with the transition.  

Letter Requesting Notice When PIP Benefits Exhaust

How will you know if a patient's PIP policy limits have been reached?

FAQs – HOUSE BILL 119 – NEW PIP LAW EFFECTIVE (PRIMARILY) JANUARY 1, 2013

 CS/CS/HB 119 – the PIP bill passed by the Legislature last Friday night – is extremely confusing and is difficult to interpret and understand.  FCA legal staff is working to provide the answers to your many questions.

 Updated Wednesday, 18 April 2012

 

 

PIP LAWSUIT UPDATE

STATE FILES MOTION TO DISMISS IN CONSTITUTIONAL CHALLENGE TO NEW PIP LAW 

 After Judge Richard Lazarra last week denied Plaintiff’s request for a temporary injunction to stop the new PIP law from going into effect on January 1st, it gave the State time to respond to the Complaint.  Several healthcare provider Plaintiffs represented by Luke Lirot, Esquire, of Clearwater, Florida, initially sued Florida Insurance Commissioner, Kevin McCarty, in State Court but then voluntarily dismissed the lawsuit and filed the same/similar lawsuit with different provider plaintiffs in Federal Court, Middle District of Florida. 

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