Bill > H0017

This bill creates a new section in Florida Statutes (Section 768.755) that provides guidelines for calculating damages for certain unpaid healthcare services, procedures, or equipment in personal injury or wrongful death actions. The key provisions include: 1. Defining "charge benchmark" and "imputed allowed amount benchmark" as the distribution of standard rates charged by out-of-network healthcare providers or the negotiated in-network rates authorized by commercial insurance carriers, respectively. 2. Requiring the introduction of evidence at trial of the usual and customary rates for the healthcare services, procedures, or equipment based on the 50th percentile of the imputed allowed amount benchmark if the claimant had government program coverage, the 85th percentile of the imputed allowed amount benchmark if the claimant had commercial insurance or employer-funded coverage, or the 85th percentile of the charge benchmark if the claimant had no coverage. 3. Specifying that the benchmarking data must be from an independent, nonprofit organization designated by the Commissioner of Insurance Regulation, with at least 5 years of reporting a range of percentile ranks. 4. Stating that the applicability of this new section is limited to personal injury or wrongful death actions arising on or after July 1, 2019.

Business and Industry, Justice

Civil Justice Subcommittee (House), Commerce Committee (House), Judiciary Committee (House)

https://www.flsenate.gov/Session/Bill/2019/17