Many Floridians are concerned about the recent news that personal injury protection coverage may not be required any longer by law for Florida drivers. Read this article. Many believe the new laws will not pass.
~~~~~~~~~
TALLAHASSEE - The lead negotiators on legislation to replace Florida's no-fault auto insurance law say they have a basic agreement. But the proposal has provisions and omissions that have derailed earlier bills, and it appears that it will take a lot more arm-twisting for a passable bill to surface in either the upcoming special session or even in next spring's regular session.
The no-fault law, which requires Florida drivers to carry $10,000 worth of personal injury protection or "PIP" in their insurance coverage, expires Oct. 1.
Until then, minor injuries from vehicle crashes are covered by the drivers' own insurance policy. Those advocating the PIP system's demise say it is rife with fraud, with that $10,000 pool of money tempting unscrupulous lawyers and medical practitioners to turn minor or even nonexistent injuries into expensive cases.
On Oct. 1, Florida returns to a traditional "fault" system, where drivers seek compensation for injuries from the party at fault. That is the case in 38 states.
There are different interpretations of what the expiration of PIP means to Florida drivers, with some saying auto coverage would become optional altogether. There are also fears that without PIP, accident victims will clog the courts, a situation lawmakers were reacting to when they passed no-fault in the 1970s.
Competing House and Senate bills tweaking the PIP law could not be reconciled during the last regular legislative session.
"What I had didn't work, so I'm willing to try anything else," said Sen. Bill Posey, R-Rockledge. "I think we need to keep some form of PIP."
Posey and Rep. Ellyn Bogdanoff, R-Fort Lauderdale, have been working throughout the summer on a compromise. Bogdanoff said the two were "in the same spot" and hoped to make a proposal public soon.
"This has probably been the most painful issue I have ever been involved with," Bogdanoff said, referring to what she calls an "industry food fight" involving some of Tallahassee's most powerful lobbying groups - the insurance industry, trial lawyers and the health care field.
The two lead negotiators acknowledge that their agreement may not pass muster with other lawmakers and special interests.
Bogdanoff declined to release the text of proposed legislation, but she said it would contain the following provisions:
·Emergency room coverage, if a patient visits an emergency room or trauma center within 72 hours of an accident. Patients could then visit the doctor of their choice, with subsequent coverage limited to $5,000, and they must visit a doctor-owned clinic. That provision appears to target so-called "PIP clinics," which are facilities established by nonmedical entrepreneurs to exclusively serve crash victims.
·A fee schedule for the use of MRIs, an expensive diagnostic tool.
·Additional funding to combat fraud, including four new state attorneys to set up fraud units.
·Caps on legal fees, allowing lawyers to collect three times the amount of the medical coverage they secure for a plaintiff or $5,000, whichever is greater.
That latter provision makes the proposal a nonstarter with the Florida Justice Association - and, presumably, with many lawmakers who enjoy the trial lawyers' support.
"I told [Bogdanoff] that we would be very much opposed to that," said Paul Jess, a spokesman for the group formerly known as the Academy of Florida Trial Lawyers. "The whole point is that it's a very insurance company-friendly version that will allow them to continue to deny and delay claims."
The fact that there are no fee schedules in the bill, aside from the MRI provision, gets the thumbs-down from Floridians for Lower Insurance Costs, a group advocating the expiration of PIP.
The proposal "is not something we can stand by whatsoever," said Allison North Jones, a spokeswoman for the group. "One of the biggest abuses in the system is over-utilization and charges by hospitals. If we don't establish a system that controls those costs and continues to let hospitals price-gouge consumers, then we'll continue to have a system that provides few protections to Florida drivers when they get in an auto accident."
Meanwhile, the presiding officers of both the House and Senate said they intend to keep the focus of the Sept. 18 special session solely on state budget cuts. They could add PIP to the agenda, but traditionally don't embrace additional issues unless there is already general consensus among lawmakers.
Both Bogdanoff and Posey acknowledge they don't have that.
"I don't know if we can get an absolute agreement," Posey said. "Just because Rep. Bogdanoff and I agree does not mean that 21 other senators will agree."
Bogdanoff is undeterred.
"It ain't over 'til it's over," she said. "Sen. Posey and I continue to negotiate and talk."
Comments(0)