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TALLAHASSEE A proposal to replace the state’s recently defunct no-fault insurance plan with a more accountable version got its first public airing Tuesday as lawmakers prepare to take action as early as Friday.
Critics argue the plan unveiled to key committees in both the House and Senate on Tuesday doesn’t restrict attorney fees or provide strict medical payment caps to curb the abuse and high costs they say plagued the 36-year-old system that lawmakers allowed to expire Monday.
Still, with growing pressure to come up with a successor to personal injury protection, or PIP, insurance, even lawmakers who have competing plans say they will support any measure that puts something back on the books as soon as possible.
“This is much better than no PIP at all,” said Sen. David Aronberg, D-Greenacres, whose district includes south Lee County.
The revamped PIP plan would continue to provide up to $10,000 in medical coverage to automobile accident victims regardless of who caused the crash. And like its predecessor, the new PIP would pay 80 percent of medical costs up to $10,000.
Unlike the previous system, however, motorists won’t be allowed to choose a deductible level to reduce their premiums because the new system will not require a deductible payment.
To prevent fraud, the plan restricts claim payments to accredited facilities run by certified physicians, osteopaths, dentists, chiropractors, hospitals or licensed clinics.
The new plan makes other changes as well. It:
-- Caps hospital fees to 75 percent of “customary charges.”
Backers say the cap allows for local cost variations. Critics call it vague because it doesn’t define customary charges.
-- Caps most other medical charges at 200 percent of Medicare reimbursement.
-- Requires insurers to set aside $5,000 immediately for emergency room physician fees or hospital inpatient care.
-- Clarifies the death benefit to be the lesser of $5,000 or the remainder of unused PIP benefits.
Backers say most motorists won’t notice any changes because PIP medical coverage remains on their policies until they renew.
But those whose policies lapse between Oct. 1 and the day the bill becomes law will see their coverage change at least twice.
If signed into law, the bill would immediately put the previous PIP system back in place until Jan. 15, when the new program would kick in.
Drivers who dropped PIP coverage or renewed policies without it between Oct. 1 and when the bill becomes law would be required to add the provision to their policies by Dec. 1.
The compromise bill shields drivers from penalties for not having the coverage until the December deadline.
Motorists still must carry insurance to pay for property damage.
Critics argue that the plan doesn’t go far enough to regulate attorney fees. Though attorneys must now consolidate claims for a single accident, efforts to cap fees were unsuccessful.
The Senate sponsor says the compromise package deals with 90 percent of issues that are causing concerns. That, coupled with increased enforcement, will provide immediate results.
“(PIP) worked very well for 25 years,” said Sen. Bill Posey, R-Rockledge, chairman of the Senate Banking and Insurance Committee. “In the last 10 years, some crooks have been able to abuse the system and they have largely gone unchecked.”
The full chambers could take up the issue as early as Friday. The special session is scheduled to end Oct. 12.

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