16 Fla. L. Weekly Supp. 763a
Online Reference: FLWSUPP 168FERNA
Insurance — Personal injury protection — Coverage — Medical expenses — Because amendment to PIP statute giving insurer option to pay charges at 200% of applicable Medicare Part B Fee Schedule is procedural in nature, amendment operates prospectively and applies to all policies in effect on or after January 1, 2008
WATERFORD LAKES WELLNESS & INJURY CLINIC, INC., as Assignee of Damaris Fernandez, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 08-CC-10977. May 26, 2009. Antoinette Plogstedt, Judge. Counsel: Nicholas Gullette, for Plaintiff. George Milev, Adams & Diaco, P.A., Tampa, for Defendant.
SUMMARY FINAL JUDGMENT FOR DEFENDANT
THIS CAUSE having come before the Court on Defendant’s Motion for Summary Final Judgment and Motion for Protective Order on May 18, 2009, and the Court having heard arguments from counsels for Plaintiff and Defendant, and otherwise being fully advised in the premises hereby
FINDS, ORDERS AND ADJUDGES as follows:
1. The undisputed facts in this case demonstrate as follows:
A. The contract of automobile insurance at issue was entered into on July 18, 2007.
B. The date of loss at issue was December 18, 2007.
C. All the dates of service at issue occurred in 2008.
D. The Defendant paid all of Plaintiff’s bills at issue timely based on 200% of the applicable Medicare Part B fee schedule pursuant to the 2008 PIP Statute.
2. On October 11, 2007, the Florida Legislature reenacted the Florida Motor Vehicle No-Fault Law (PIP Statute) codified as Chapter 2007-234, Florida Laws, which took effect upon becoming a law on October 11, 2007, except for sections 8 through 20 which took effect on January 1, 2008.
3. The legal basis for applying the new PIP Statute to all dates of service after January 1, 2008 is found in various parts of the Statute.
4. Specifically, Section 19 states in its pertinent part: “This act revives and reenacts, with amendments, the Florida Motor Vehicle No-Fault Law, which expired by operation of law on October 1, 2007. This act is intended to be remedial and curative in nature and to minimize confusion concerning the changes made by this act to ss. 627.730-627.7405, Florida Statutes.”
5. Also, Section 21(2) states: “Any personal injury protection policy in effect on or after January 1, 2008, shall be deemed to incorporate the provisions of the Florida Motor Vehicle No-Fault Law, as revived and amended by this act.”
6. In addition, Section 23 states: “This act shall take effect upon becoming a law, except that sections 8 through 20 of this act shall take effect January 1, 2008.
7. Chapter 2007-234, Florida Laws, included the pronouncement by the Florida Legislature on its face that the act was “intended to be remedial and curative in nature”. (Emphasis added).
8.The changes made to the PIP Statute were procedural in nature and did not affect any substantive rights under the contract. The value of the policy of insurance, the amount of PIP coverage available to the insured, and the amount of premiums were not affected by the changes and remained the same. The 2008 PIP Statute did not impose any new obligations to the insured.
9. The 2008 PIP Statute retains the requirement that charges submitted by the medical providers be reasonable and only gives an option to the insurer to pay those charges at the applicable 200% Medicare Part B Fee Schedule should the insurer choose to do so.
WHEREFORE Defendant’s Motion for Summary Final Judgment is hereby GRANTED as payments were properly made pursuant to the 2008 PIP Statute. Plaintiff shall take nothing by this action and Defendant shall go hence without day. A summary Final Judgement is hereby awarded to defendant.
