Volume 9

9 Fla. L. Weekly Supp. 772a

Insurance — Personal injury protection — Preferred provider rates — Section 627.736(10) provides the exclusive means by which an insurer can contract to pay PPO rates on Florida PIP claims — Assignee’s motion for partial summary judgment granted as to affirmative defenses based on alleged PPO contract where insurer failed to enter into contract directly with assignee, failed to provide an option to insured to use a PPO policy, and failed to provide insured with a current roster of preferred providers in the county where he resided at the time of purchase of the PIP policy

9 Fla. L. Weekly Supp. 64b

Insurance — Personal injury protection — Preferred provider rates — Insurer which never offered a PPO policy may not take contractually negotiated provider reductions for medical services rendered to a person injured in a motor vehicle collision pursuant to section 627.736, Florida Statutes

9 Fla. L. Weekly Supp. 64a

Insurance — Personal injury protection — Preferred provider rates — Provisions of section 627.736(10) provide the exclusive means by which an insurer can pay PPO rates on Florida PIP coverage — Insurer that failed to negotiate and enter into contracts directly with licensed health care providers, failed to offer both a PPO and a Non-PPO policy at the time the insured purchased policy, and failed to offer the insured the election to have a PPO endorsement in her policy failed to meet requirements of statute — Alternatively, no PPO contract exists between plaintiff health care provider and purported PPO network administrator

9 Fla. L. Weekly Supp. 63g

Insurance — Personal injury protection — Preferred provider rates — Insurer is not entitled to reduce benefits paid to insured’s assignee to PPO rates without having sold a PPO-PIP policy to insured and/or without complying with section 627.736(10), Florida Statutes

9 Fla. L. Weekly Supp. 63a

Insurance — Personal injury protection — Preferred provider rates — Insurer is not entitled to reduce benefits paid to insured’s assignee to PPO rates without having sold a PPO-PIP policy to insured and/or without complying with section 627.736(10), Florida Statutes

9 Fla. L. Weekly Supp. 558a

Insurance — Personal injury protection — Summary judgment granted in favor of medical provider where insurer’s sole basis for reducing CPT code charge was the recommendation of results of Medicode computer generated report

9 Fla. L. Weekly Supp. 395a

Insurance — Personal injury protection — Coverage — Medical expenses — Physical therapy — Medical treatments of hot and/or cold packs, unattended electrical stimulation, ultrasound, and massages may lawfully be rendered by a medical assistant under the supervision of a treating physician, and the law does not require that only a licensed physical therapist perform these treatments

9 Fla. L. Weekly Supp. 706b

Insurance — Personal injury protection — Medical bills — Summary judgment is granted in favor of insurer on medical provider’s claim for unpaid portion of bill for MRI performed on July 25, 2001, where insurer paid 200% of Medicare Part B for year 2001 at participating rate, and amendment to section 627.736(5)(b)5 mandates that all MRIs performed on or after June 19, 2001, shall be payable in accordance with allowable amounts of Medicare Part B for 2001

9 Fla. L. Weekly Supp. 871b

Insurance — Personal injury protection — Section 627.736(5)(a) does not require insured to countersign legally assigned invoice, bill or health insurance claim form as condition precedent to insurer paying claim

9 Fla. L. Weekly Supp. 809a

Insurance — Personal injury protection — Coverage — Lost wages — No error in awarding insured 60% of lost wages not covered by workers’ compensation payment of 66 2/3% of lost wages, up to the $10,000 policy limit of liability