Florida 2025 Regular Session

Florida House Bill H1437 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1437 2025
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to attorney fees and costs for motor 2
16	16	vehicle personal injury protection benefits; amending 3
17	17	s. 627.736, F.S.; providing that prevailing parties in 4
18	18	suits by certain health care providers for overdue 5
19	19	medical benefits under motor vehicle personal injury 6
20	20	protection policies are entitled to reasonable 7
21	21	attorney fees and costs; providing an effective date. 8
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23	23	Be It Enacted by the Legislature of the State of Florida: 10
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25	25	Section 1. Paragraph (f) is added to subsection (10) of 12
26	26	section 627.736, Florida Statutes, and paragraph (a) of 13
27	27	subsection (1) of that section is republished, to read: 14
28	28	627.736 Required personal injury protection benefits; 15
29	29	exclusions; priority; claims.— 16
30	30	(1) REQUIRED BENEFITS. —An insurance policy complying with 17
31	31	the security requirements of s. 627.733 must provide personal 18
32	32	injury protection to the named insured, relatives residing in 19
33	33	the same household unless excluded under s. 627.747, pe rsons 20
34	34	operating the insured motor vehicle, passengers in the motor 21
35	35	vehicle, and other persons struck by the motor vehicle and 22
36	36	suffering bodily injury while not an occupant of a self -23
37	37	propelled vehicle, subject to subsection (2) and paragraph 24
38	38	(4)(e), to a limit of $10,000 in medical and disability benefits 25
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40	40	HB 1437 2025
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45	45	hb1437-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	and $5,000 in death benefits resulting from bodily injury, 26
52	52	sickness, disease, or death arising out of the ownership, 27
53	53	maintenance, or use of a motor vehicle as follows: 28
54	54	(a) Medical benefits. —Eighty percent of all reasonable 29
55	55	expenses for medically necessary medical, surgical, X -ray, 30
56	56	dental, and rehabilitative services, including prosthetic 31
57	57	devices and medically necessary ambulance, hospital, and nursing 32
58	58	services if the individual receives initial services an d care 33
59	59	pursuant to subparagraph 1. within 14 days after the motor 34
60	60	vehicle accident. The medical benefits provide reimbursement 35
61	61	only for: 36
62	62	1. Initial services and care that are lawfully provided, 37
63	63	supervised, ordered, or prescribed by a physician licensed u nder 38
64	64	chapter 458 or chapter 459, a dentist licensed under chapter 39
65	65	466, a chiropractic physician licensed under chapter 460, or an 40
66	66	advanced practice registered nurse registered under s. 464.0123 41
67	67	or that are provided in a hospital or in a facility that owns, 42
68	68	or is wholly owned by, a hospital. Initial services and care may 43
69	69	also be provided by a person or entity licensed under part III 44
70	70	of chapter 401 which provides emergency transportation and 45
71	71	treatment. 46
72	72	2. Upon referral by a provider described in subparagrap h 47
73	73	1., followup services and care consistent with the underlying 48
74	74	medical diagnosis rendered pursuant to subparagraph 1. which may 49
75	75	be provided, supervised, ordered, or prescribed only by a 50
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77	77	HB 1437 2025
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	physician licensed under chapter 458 or chapter 459, a 51
89	89	chiropractic physician licensed under chapter 460, a dentist 52
90	90	licensed under chapter 466, or an advanced practice registered 53
91	91	nurse registered under s. 464.0123, or, to the extent permitted 54
92	92	by applicable law and under the supervision of such physician, 55
93	93	osteopathic physician, chiropractic physician, or dentist, by a 56
94	94	physician assistant licensed under chapter 458 or chapter 459 or 57
95	95	an advanced practice registered nurse licensed under chapter 58
96	96	464. Followup services and care may also be provided by the 59
97	97	following persons or enti ties: 60
98	98	a. A hospital or ambulatory surgical center licensed under 61
99	99	chapter 395. 62
100	100	b. An entity wholly owned by one or more physicians 63
101	101	licensed under chapter 458 or chapter 459, chiropractic 64
102	102	physicians licensed under chapter 460, advanced practice 65
103	103	registered nurses registered under s. 464.0123, or dentists 66
104	104	licensed under chapter 466 or by such practitioners and the 67
105	105	spouse, parent, child, or sibling of such practitioners. 68
106	106	c. An entity that owns or is wholly owned, directly or 69
107	107	indirectly, by a hospital or ho spitals. 70
108	108	d. A physical therapist licensed under chapter 486, based 71
109	109	upon a referral by a provider described in this subparagraph. 72
110	110	e. A health care clinic licensed under part X of chapter 73
111	111	400 which is accredited by an accrediting organization whose 74
112	112	standards incorporate comparable regulations required by this 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	state, or 76
126	126	(I) Has a medical director licensed under chapter 458, 77
127	127	chapter 459, or chapter 460; 78
128	128	(II) Has been continuously licensed for more than 3 years 79
129	129	or is a publicly traded corporation that issues securities 80
130	130	traded on an exchange registered with the United States 81
131	131	Securities and Exchange Commission as a national securities 82
132	132	exchange; and 83
133	133	(III) Provides at least four of the following medical 84
134	134	specialties: 85
135	135	(A) General medicine. 86
136	136	(B) Radiography. 87
137	137	(C) Orthopedic medicine. 88
138	138	(D) Physical medicine. 89
139	139	(E) Physical therapy. 90
140	140	(F) Physical rehabilitation. 91
141	141	(G) Prescribing or dispensing outpatient prescription 92
142	142	medication. 93
143	143	(H) Laboratory services. 94
144	144	3. Reimbursement for services and care provided in 95
145	145	subparagraph 1. or subparagraph 2. up to $10,000 if a physician 96
146	146	licensed under chapter 458 or chapter 459, a dentist licensed 97
147	147	under chapter 466, a physician assistant licensed under chapter 98
148	148	458 or chapter 459, or an advanced practice registered nurse 99
149	149	licensed under chapter 464 has determined that the injured 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	person had an emergency medical condition. 101
163	163	4. Reimbursement for services and care provided in 102
164	164	subparagraph 1. or subparagraph 2. is limited to $2,500 if a 103
165	165	provider listed in subparagraph 1. or subp aragraph 2. determines 104
166	166	that the injured person did not have an emergency medical 105
167	167	condition. 106
168	168	5. Medical benefits do not include massage therapy as 107
169	169	defined in s. 480.033 or acupuncture as defined in s. 457.102, 108
170	170	regardless of the person, entity, or licensee providing massage 109
171	171	therapy or acupuncture, and a licensed massage therapist or 110
172	172	licensed acupuncturist may not be reimbursed for medical 111
173	173	benefits under this section. 112
174	174	6. The Financial Services Commission shall adopt by rule 113
175	175	the form that must be used by an insurer and a health care 114
176	176	provider specified in sub -subparagraph 2.b., sub -subparagraph 115
177	177	2.c., or sub-subparagraph 2.e. to document that the health care 116
178	178	provider meets the criteria of this paragraph. Such rule must 117
179	179	include a requirement for a sworn stateme nt or affidavit. 118
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181	181	Only insurers writing motor vehicle liability insurance in this 120
182	182	state may provide the required benefits of this section, and 121
183	183	such insurer may not require the purchase of any other motor 122
184	184	vehicle coverage other than the purchase of property damage 123
185	185	liability coverage as required by s. 627.7275 as a condition for 124
186	186	providing such benefits. Insurers may not require that property 125
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192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1437-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	damage liability insurance in an amount greater than $10,000 be 126
200	200	purchased in conjunction with personal injury protectio n. Such 127
201	201	insurers shall make benefits and required property damage 128
202	202	liability insurance coverage available through normal marketing 129
203	203	channels. An insurer writing motor vehicle liability insurance 130
204	204	in this state who fails to comply with such availability 131
205	205	requirement as a general business practice violates part IX of 132
206	206	chapter 626, and such violation constitutes an unfair method of 133
207	207	competition or an unfair or deceptive act or practice involving 134
208	208	the business of insurance. An insurer committing such violation 135
209	209	is subject to the penalties provided under that part, as well as 136
210	210	those provided elsewhere in the insurance code. 137
211	211	(10) DEMAND LETTER; ATTORNEY FEES AND COSTS .— 138
212	212	(f) If the insurer fails to pay an overdue medical benefit 139
213	213	for any service or care described in subp aragraph (1)(a)1. or 140
214	214	subparagraph (1)(a)2. and the provider who rendered the service 141
215	215	or care files a lawsuit, the prevailing party, by judgment or 142
216	216	decree at the trial or appellate court, is entitled to 143
217	217	reasonable attorney fees and costs. 144
218	218	Section 2. This act shall take effect July 1, 2025. 145