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Partial Injunction on Horrible FL PIP Law - Good News for Chiropractors

Massage Therapists and Acupuncturists

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by: DrTirpak posted: March 20, 2013

FL PIP Law Injuction, Chiropractors, Massage Therapists & Acupuncturists

Leon County Circuit Judge Terry P. Lewis granted an injunction on the portion of the Florida Personal Injury Protection Bill that limited coverage to Chiropractors, Acupuncturists and Massage Therapists.  The judge’s order puts a hold on the non-emergency benefits portion of the bill that limits treatment reimbursement of auto accident victims to $2,500, and excludes benefits for Massage and Acupuncture. His ruling was based on his opinion that 2012 PIP Bill (HB 119) violated the right of access to the courts found in the Florida Constitution.

Attorneys Luke Lirot and Adam S. Levine, MD JD filed a lawsuit for United Practitioners Organization Inc. on behalf of a group of Acupuncturists, Massage Therapists and Chiropractors against the Florida Office of Insurance Regulation. United Practitioners Organization Inc. funded the lawsuit through donations to their website since the PIP bill HB 119 passed last year. The group filed two prior suits over the discriminatory bill, both were dismissed.

Prior to the Florida no fault 2012 PIP bill changes, heavily lobbied by the Insurance industry and Governor Rick Scott, Personal Injury Protection benefits in Florida include $10,000 of medical coverage for car accident victims on their own car insurance policies. After the closed door, final hour legislative dealings benefits were reduced to $2,500 unless an emergency medical condition was declared by a MD, DO, DDS, PA or ARNP within 14 days of an auto accident. Coverage of Massage Therapy and Acupuncture was completely excluded.

So what does this Mean for Chiropractors, Acupuncturists and LMT's?

As long as the temporary injunction is in place, auto insurance companies are required to pay up to $10,000 for non-emergency conditions resulting from motor vehicle accidents, including Acupuncture and Massage Therapy. Unfortunately, a spokesperson for Florida’s Office of Insurance Regulation stated the office plans to file an appeal by Friday. An appeal could act as a hold on Judge Lewis’ court order. The appeal could be filed in First District Court of Appeal or directly to the Florida Supreme Court. Many questions have been raised and more answers should be available soon. Check back on CE Cruncher for more news about the impact of Florida PIP laws on Chiropractors as soon as it arises.

The Legal Fight has just begun, Donate Today to The Florida PIP Defense Fund

 

Filed Under Tags:  Florida PIP

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