• Florida Office of Insurance Regulation Holds Workshop to Revise Personal Injury Protection Forms Pursuant to HB 119
  • December 7, 2012
  • Law Firm: Colodny Fass Talenfeld Karlinsky Abate Webb P.A. - Fort Lauderdale Office
  • The Florida Office of Insurance Regulation held an informal workshop yesterday, December 3, 2012, to update and revise Form OIR-B1-1149 "Notification of Personal Injury Protection Benefits," along with Form OIR-B1-1809 "Health Care Provider Certification of Eligibility" for Personal Injury Protection ("PIP") insurance benefits as a result of statutory revisions pursuant to House Bill 119.

    The meeting was conducted by OIR Assistant General Counsel Stephen Fredrickson.

    Michael Carlson, executive director of the Personal Insurance Federation of Florida ("PIF"), said that his organization is concerned about the implementation timing and the ultimate effective date of the Health Care Provider Certification of Eligibility form.  PIF believes the Form should become effective as soon as possible.

    Mr. Carlson also expressed concern that the draft forms lack any statement of authorization, which would otherwise provide great assurance to insurance carriers.

    Mr. Fredrickson stated that the Financial Services Commission will examine the issue next week, but the Form will not be approved until sometime in January.  However, he added that insurers would not be prohibited from using the draft Form during the interim period.

    A representative of State Farm Insurance Company asked if the new forms would apply only to new policies written after their final adoption, or would apply to policies written prior to that.

    OIR Property and Casualty Division Director Sandra Sterns stated that it makes more sense to use the form that is applicable to the benefits of the policy, but that is not the official policy.  The State Farm representative then remarked that the OIR should consider adopting this form as an Emergency Rule in order to provide carriers with predictability.  Mr. Fredrickson replied that emergency rulemaking may be considered, but that the potential immediate harm necessary to institute it may not be present in this issue.

    Mr. Carlson returned to the podium to echo State Farm's concerns, saying that the potential immediate harm to the insurance industry rests in potential litigation over the forms by claimants.