State Government Kriseman Points Out Flaws in Florida PIP Reform

BRADENTON -- In a letter to Governor Rick Scott, State Rep. Rick Kriseman (D-St. Pete) pointed out multiple errors and oversights in a Personal Injury Protection bill passed by the legislature in March and recently signed into law by the governor. Kriseman says that a loophole in the legislation could allow insurance companies to deny claims for PIP treatments through a six month window between when clinic requirements go into effect and exemptions are opened.

According to language in the statute, new licensing rules for clinics take effect on July 1. However, another section of the law outlining facilities that are exempt from licensing requirements doesn’t go into effect until Jan. 1, 2013. As a result, Kriseman says insurers could deny claims filed by these ”exempt“ providers during the gap.

Kriseman, a personal injury attorney, is well versed in the tug of war that often takes place between insurers, their clients and others involved with them through accidents. While insurance groups have said they have no intention to exploit such a glitch, Kriseman says it's bad policy to leave such legal gray areas in the hands of private parties.

In his letter, Kriseman argued:

"While your intent in advocating for the passage of this bill was to combat auto fraud, the errors contained in this bill are of such significance that failure to fix them prior to implementation of the legislation will invite litigation. I am sure you recognize that the lack of clarity under which insurance carriers and medical providers will attempt to operate is bound to create needless new chaos and costs.“

Click here to read letter in its entirety