Repeal and Replace Florida PIP Fails in the 2017 Legislative Session

Breaking News:   FLORIDA  PIP IS HERE TO STAY! IT REMAINS THE LAW OF THE LAND! DO NOT LET ANYONE TELL YOU OTHERWISE, THE FLORIDA LEGISLATURE DID NOT APPROVE A BILL TO REPEAL AND REPLACE PIP IN 2017.  PIP REMAINS “AS IS”, DESPITE THE HOUSE OF REPRESENTATIVE’S ATTEMPT TO HAVE IT DEMOLISHED.

As many of you know, The 2017 Legislative Session ended Monday May 8, 2017.  On the agenda was repealing our Florida Personal Injury Protection Law and replacing it with Mandatory Bodily Injury Insurance/possible $5,000.00 Medical Payments Insurance.  The demise of PIP was discussed for the better part of 2016 into 2017. However, that TALK was just that, TALK!  LaBovick Law Group PIP Team has GREAT NEWS FOR PROVIDERS throughout the State of Florida:  FLORIDA PIP is here to stay! The Florida Senate did not vote on the House Bill to repeal and replace Florida PIP.  Florida PIP remains a viable law you can count on for 2018.

The House bill that attempted to replace PIP with Mandatory Bodily Injury cited rising insurance premiums and fraud throughout the system.  Hospitals, medical providers, and PIP attorneys throughout the State of Florida (including this office) argued vehemently against the repeal of PIP. WHY? Rising healthcare costs would likewise increase hospital and emergency room bills and patient responsibility lessening the ability to pay other providers under a mandatory Bodily injury system.  Emergency Room bills in connection with motor vehicles accidents are, in most cases, somewhere in the $5,000-$50,000 range.  Without Personal Injury Protection Insurance, the medical bills would become the responsibility solely of the patient.  The patient would no longer have the $10,000.00 threshold coverage to pay Medical Providers for medically necessary treatment.  PIP is a system that guarantees payment particularly with our strategies (including litigation) to ensure full recovery.

The LaBovick Law Group PIP Team will continue fighting against the repeal and replacement of Florida PIP.  We know how essential Florida PIP is to our valued clients and their patients. The system ensures a patient is covered for medical care up to $10,000.00 and even more in some cases.  Florida Medical Providers receive reimbursement for the integral medical treatment and care they render to a patient following a traumatic experience in connection with a motor vehicle accident.

Is the Florida system perfect?  No. Florida PIP DOES provide immediate reimbursement rather than waiting for a case to settle on a letter of protection (LOP).  As you know, bodily injury attorneys call to request bill reductions on these LOPs.  That reduction may lead to reconsidering treating these patients in the future.  That is why Florida PIP is essential.  PIP is the first payer and pays quickly in most cases.

Personal Injury (PI) attorneys are the main proponent of doing away with PIP.  They want mandatory PI to do away with PIP set-offs and threshold PIP requirements.  Most insurance companies want to keep PIP. Why wouldn’t they? They make money on payments/issuance of the policies and then more by not paying out the correct amounts.

Regardless of the type of insurance scheme in place, insurance companies will always delay payment of claims and deny based on horrible defenses. It is more important than ever to send us underpaid, failure to be paid, or any strange coding found in your PIP reimbursement/and or EOB . PIP insurers counted on the destruction of PIP this year. Their goal was to simply deny/delay and ultimately watch PIP’s demise. Now that PIP has a stay of execution, they will once again resort to their deny/delay tactics.

The LaBovick Law Group PIP Team aggressively fights for every penny of reimbursement. We fight aggressively from day one (Demand Stage). We demand your PIP regardless of whether the insurance company tells you they paid correctly.  Policies change as does to the law. The law changes from Courtroom to Courtroom daily in our PIP world! Count on us to deliver updates on everything PIP!

Although Florida PIP remains the law of the land, it is important for all of us to band together to fight future bills calling for the repeal and replacement of Florida PIP.  It is essential to coordinate as a group, to reach our Congressmen/Congresswomen, to advocate why Florida PIP must stay. Both medical providers and patients rely on PIP to deal with the rising costs of medical treatment/care.  Together we can certainly affect the outcome of Florida PIP.  Our law firm attended and will continue to attend Legislative Sessions.  We will fight any suggestion of a PIP replacement as aggressively as we fight for your PIP reimbursement.

FLORIDA PERSONAL INJURY PROTECTION ISSUES TO LOOK FOR ON YOUR EXPLANATIONS OF BENEFITS/LETTERS FROM PIP INSURERS FOR 2017-2018

(TOP ISSUES FOR 2017-2018):

  1. Any underpayment, denial of payment, or reduction of payment
  2. Coverage Investigations/Delay of payment
  3. IME/EMC cut-offs or Peer Reviews
  4. Lack of Proof of Mailing
  5. Any language indicating MPPR or A bunch of numbers stacked on top of each other on a Progressive Explanation of Benefits
  6. Coding including but not limited to:
    1. E07-Bundling-Unbundling
    2. Physician Assistant/Nurse Practitioner Reductions
    3. Bilateral Guidelines

It’s easy to get started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

It’s Easy to Get Started

Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.