Focused On Health Care Providers

HB 837 is a series of changes to multiple laws in Florida that was called “tort reform” by Florida legislators. Changes included, but are not limited to:

• Setting forth admissible evidence regarding past damages, which includes discovery regarding letters of protection (LOPs);
• Setting forth admissible evidence regarding future damages;
• Changing the statute of limitations from four years to two years for negligence. This means an injured person has two years to bring a lawsuit for negligence;
• Changing the comparative fault standards – under the new law if the injured person is found to be more than 51% at fault for the accident, the injured person can no longer recover any damages;
  Significant changes to bad faith requirements;
• Removal of the award of attorneys fees under Fla. Stat. Section 627.428 -- an insured and/or their assignee (such as a medical provider) can no longer recover attorneys fees for having to bring a claim against an insurance carrier for underpayment or non-payment of PIP or Medical payment benefits claims under Fla. Stat. Section 627.428; and
• Allowing for the recovery of attorneys fees if an insured and/or their assignee has to file a declaratory action for a “total coverage denial” by an insurance company.

The new law says nothing about what a medical provider may charge – only what an attorney can present as evidence to a jury (this is what is considered “boarding”).

Health Care Coverage is a new legal term defined by HB 837 changes that includes but is not limited to health insurance, personal injury protection (PIP) insurance, workers compensation rates, Medicare, and Medicaid rates.

Not necessarily. The new law allows the jury to consider the amounts actually paid by a patient; the amounts “Health Care Coverage” actually paid or would have paid; if the person does not have Health Care Coverage, then 120% of Medicare and 170% of Medicaid rates; as well as the reasonableness of the actual medical bills. What a patient pays a medical provider ultimately depends upon the reasonableness of the medical bills, the necessity of the treatment, the insurance available and the financial ability of the patient to pay the medical bills.

Not necessarily. The evidence a jury may consider in determining damages has changed, but the reasonableness of your medical bills remains an available option for the jury to consider. If your charges are not “reasonable” you may want to consider adjusting your charges. If you have questions about what is considered “reasonable” contact Laderman LaPorte Law for a free consultation to discuss this further.

No. Florida’s No Fault Statute (i.e. PIP), Fla. Stat. Section 627.736 still exists unchanged. You may still be able to collect attorneys fees for pursuit of your PIP claims. We will continue to pursue PIP claims on your behalf even with new insurance policies incepted or renewed after March 24, 2023. Contact Laderman LaPorte Law to discuss how we may be able to assist with this legal issue and process.

Five years from each denial or underpayment of each date of service for each patient is the statute of limitations to bring a breach of contract action. This has not changed with the passage of HB 837.

A Letter of Protection (LOP) is any agreement (whether written or verbal) – and regardless of what you name it or call it – by which a medical provider renders medical treatment to patient in exchange for a promise of payment for the patient’s medical expenses from any judgment or settlement of a personal injury or wrongful death action.

The existence of an LOP allows for the defendant’s counsel in a negligence action to conduct discovery concerning the LOP, the referral relationship between the plaintiff’s (patient’s) attorney and the medical practice. Such discovery may include document production and depositions regarding a medical provider’s billing practices and financial relationships with plaintiff’s counsel. Contact Laderman LaPorte Law to discuss how we may be able to assist with this legal issue and process.

Yes, under Fla. Stat. 817.234(7)(a) a medical provider may waive a deductible or copayment or reduce medical bills as part of a bodily injury settlement or verdict without it being considered insurance fraud under Chapter 817 of the Florida Statutes.