Though it was signed into law more than year ago, the insurance industry has yet to enjoy the full benefits of reform to Florida's no-fault, personal injury protection auto insurance system.

It remains unclear whether the industry got closer to and further away from enacting the provisions in HB 119, signed by Gov. Rick Scott in May 2012 after an appeals court hearing Sept. 17.

Arguments were heard by the First District Court of Appeals regarding the temporary injunction placed on the law.

A group of acupuncturists, massage therapists and chiropractors filed for the injunction. For a short time the injunction was stayed until it was again enforced. In April, the Solicitor General's Office filed an appeal on behalf of the Florida Office of Insurance Regulation.

Donovan Brown, state government relations counsel for the Property Casualty Insurers Association of America, says, "In order to address fraud and abuse within Florida's no-fault insurance system and provide Floridians relief from being the No. 1 state in the nation for questionable auto claims, it is imperative that consumers receive the benefits from the PIP reforms becoming fully effective."

PCI and other trade association filed court briefs in support of lifting the injunction. The industry has alleged PIP fraud costs Florida residents $1 billion.

Donovan says there is no timeframe for a decision from the court.

Some insurers—because the group of medical pros are suing the OIR, not insurers—are using provisions in HB 119, which aims to ban PIP to acupuncturists and massage facilities and requires that claimants seek treatment with 14 days of an accident from a hospital or physician.

Other insurers have yet to enact to measures in HB 119.

Meanwhile, Jeff Atwater, the Sunshine State's CFO, announced the arrests of three people for PIP fraud. 

"PIP fraud schemes drive up auto insurance rates for all Floridians, so we must do everything we can to put a stop to them," said Atwater, in a statement.

One person used fake media credentials to obtain accident reports he used to solicit accident victims. Another couple operated an unlicensed accident clinic.

Add this additional wrinkle to the PIP reform saga: the Legislative Session is just around the corner and some lawmakers are expected to contemplate repealing the PIP system entirely, says Brown.

Last session, legislation floated to end PIP but it did not gain momentum.  

Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader

Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
  • Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.