PIP News: Class Action Settlements
MRI Associates vs. USAA Casualty Insurance Company
DID YOU TREAT AUTO PATIENTS WITH USAA SINCE JANUARY 1, 2008? IF YES, PLEASE READ ABOUT THIS CLASS ACTION SETTLEMENT.
JANUARY 8, 2013 OPT OUT DEADLINE
NEW PIP LAW CONSTITUTIONAL CHALLENGE UPDATE
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.
PDF of FAQs – HOUSE BILL 119 – NEW PIP LAW EFFECTIVE (PRIMARILY) JANUARY 1, 2013
CS/CS/HB 119 – the PIP bill passed by the 2012 Legislature – is extremely confusing and is difficult to interpret and understand. FCA legal staff continues to work daily to provide the answers to members’ many questions and to update information as it becomes available.
Index to 2012 PIP Statute
Here is an index to help break down the 2012 PIP statute and make it easier to navigate.
Update on Lawsuit Challenging New PIP Law HB 119
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.
New PIP Patient Flyer
We have created a flyer that will help you inform your patients about the changes in PIP and it is now posted for your easy printing. Next week, the FCA will send a large, 4-color poster version to you for display in your reception room.
Update:
In response to member requests, we've also included a PDF file of the large (11”x17”) 4-color poster.
Latest on Potential Legal Challenges to PIP Law
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.
WHAT IS THE FCA DOING ABOUT HOUSE BILL 119 / PIP?
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.
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.
AHCA Issues Memo Addressing Glitch in New PIP Law
The Florida Agency for Health Care Administration (AHCA) on Tuesday issued a memo attempting to fix a flaw in the new PIP law. In the memo, AHCA General Counsel Stuart Williams outlines legal reasoning why the Agency “believes that the Act applies the same effective date of January 1, 2013 to both” the new requirement for clinic licensure and the list of providers exempted from it (MD, DO, DC, dentists, hospitals, medical schools, etc.)
Governor Signs PIP Legislation, HB 119
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.