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PIP Will Survive Past 2019 Regardless of Legislation

Many of you have heard the rumblings about PIP’s demise in Tallahassee.  Specifically, the Florida House of Representatives and Florida Senate are contemplating bills that would repeal and replace Florida PIP with a mandatory Bodily Injury system.  Our No-Fault system would be transformed into a fault-based system and no longer contain the PIP threshold.  Eliminating PIP would absolutely increase the cost of medical care.  However, there are several reasons PIP/MedPay will survive for a few years and possibly going forward:

1. The House and Senate must strike a deal.

Both the Florida House and Senate must vote on one law to govern all drivers.  Said law must contain a comprehensive plan to which that all of our state representatives agree.  The House proposed a mandatory bodily injury system.  The Senate proposed mandatory bodily injury along with $5,000.00 in MedPay.  The Senate plan affords a mechanism to ensure patients have recourse for medical bills prior to health insurance/collections. The House bill is essentially a LOP-based system.

However, including a $5K MedPay provision is basically adding a mini PIP system in addition to mandatory BI.  It can be assumed that the House will not agree to anything other than a strict bodily injury system. Thus, if the Senate and House cannot agree to one system governing Florida, Good Ol’ PIP remains. Providers, Hospitals, and business owners across the State will rejoice if PIP is allowed to stay, as they should.

2. House bill repeals PIP in 2019, Senate Bill 2023.

IF either bill passes –  it will not go into effect for a year or possibly more.  Moreover, any claims prior to 2019 would remain ripe for up to five years. For example, a 2017 motor vehicle accident patient’s PIP can be filed within 5 years or 2022.   We will continue to demand and file suit against the insurers for their lack of payment/underpayment/etc.  In other words, we may still litigate these claims to ensure reimbursement five years after the date of service/breach of contract.

3. Advocate Groups including LLD are still arguing the merits of the PIP System.

For years the Florida PIP Law has been a contentious topic in the Legislature with Brian LaBovick continually advocating its benefits.   He will travel to Tallahassee and discuss not only the merits of our PIP system but also its essentiality for all medical providers throughout the state of Florida.  Hospital groups, Chiropractors, Imaging Centers, Physical Therapists, etcetera are currently voicing their supportive opinions regarding PIP legislature and why it is crucial to ensure treatment for motor vehicle accident patients.

Here are a few reasons we adamantly support PIP’s retention:

4. Don’t delay in sending us wrongfully paid or omissions of payment files

LaBovick Law Group will remain as aggressive as ever. We litigating all PIP issues we are confident to win.  Many PIP cases are currently pending in the District Courts of Appeal.  We have a GEICO billed amount issue, the larger deductible issue, State Farm Policy Issue, 2% issues, and the like.  These files should be resolved during the 2018 calendar year. We don’t sit back and relax, though. We continue to file suit and participate in the discovery process!

Please forward Lili all strange payments, omitted payments, and any coding on GEICO Explanations of Review. Common coding includes MPPR_50, BA, E07, Failure to pay timely, etc.

Along these lines, your report for January 2018 (attached) may show files previously closed as once again in review or in demand.  We are redemanded many GEICO files.  If you have any questions do not hesitate to call me or Lili.

5. Please Continue to Bill the Auto Insurance Carrier regardless of the situation

Regardless of what happens to PIP, please continue billing the PIP insurer carrier. Do not stop furnishing bills because you received:

  • IME or Peer Review Cut OFFS
  • 6B letters
  • Letter requesting additional records

CALL US! We can work through the above. We have a system in place that allows us to send records requests on your behalf. PIP has not been repealed and replaced just yet. There is no indication a vote is looming between both the House and Senate.

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