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How Many Lobbyists Does It Take to Write A Statute ?

by admin on June 7, 2012 No comments

By: David W. Hirshfeld, Esq.

When the text of the new PIP law became public, our jaws went slack.  The new law imposed incongruous effective dates that would seemingly put many providers out of the PIP business for six months.  How could the insurance industry’s best and brightest have screwed this up?

The new law requires providers to be licensed as “clinics” in order to receive PIP payments, unless an exclusion to that licensing requirement applies.  The incongruity arises because the provision requiring licensure seems to become effective July 1, 2012; but the provision creating the exclusions from that licensure requirement do not seem to become effective until January 1, 2013.  Many providers are rightly concerned that they must either: become licensed as a clinic in order to receive PIP payments, or stop treating PIP patients from July 1, 2012 through January 1, 2013 when an appropriate exclusion will exist.

Thank goodness for Stuart Williams, AHCA’s General Counsel.  In his May 8, 2012 memorandum, Mr. Williams artfully reasons that the statute could and should be interpreted so that both the licensure requirement and its applicable exclusions become effective January 1, 2013.  Now most providers can continue to treat PIP patients without interruption.  Whew!!!

We hope and expect that Florida’s Office of Insurance Regulation will adopt Mr. Williams’ reasoning and educate the PIP insurers.

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