Posts Tagged ‘Florida legislature’

Florida CFO Atwater says new law sets up fresh challenges in fight against PIP fraud

Friday, July 6th, 2012

Florida CFO Jeff Atwater, whose office enforces the personal injury protection (PIP) law that took effect on July 1, says that provisions to reduce fraud will take time to take effect. Drivers should see some benefit. Just how soon and what to degree will become known over time.

The new law prohibits payments for massage or acupuncture treatments and restricts the payout for non-emergency treatment of accident-related injuries to $2,500. That should make a dent in the rampant PIP fraud perpetrated by unscrupulous clinics.

The law also requires more details in accident reports, which could reduce the number of staged accidents that are designed to generate fake PIP claims.

Will the provisions of the PIP law work? “We will know the answer to that in the next 12 to 24 months,” Atwater told the Orlando Sentinel.

As part of the new law, Atwater is creating a group to fight PIP fraud that self-funds investigations.  The money could come from the insurance and medical companies, and Atwater said fundraising details are still being worked out. He wants the group to pay for and share technology or data rather than fund prosecutions.

“That’s a bit of a pressure issue,” he said. “You don’t buy justice.”

Auto insurance companies are waiting to see how much the new law and new group can accomplish. The new law has an Oct. 1 deadline by which auto insurers must cut premiums 10 percent or give reasons why that’s not possible.  On Jan. 1, 2014, insurers must cut 25 percent or explain to the state why not.

“I really believe that the expectation that a 10 percent reduction and to follow with a 25 percent reduction is achievable,” Atwater told the Sentinel. “And even if it falls slightly short of those benchmarks, the people of Florida deserve that relief.”

Gov. Scott and CFO Atwater see how PIP fraud accidents are staged

Monday, February 20th, 2012

On Feb. 16, Gov. Rick Scott and Chief Financial Officer Jeff Atwater saw first-hand how car crashes are staged. The fake accidents are part of a larger scheme to file phony Personal Injury Protection (PIP) claims and defraud insurance companies and their customers.

At the driving instruction area of Pat Thomas Law Enforcement Academy, the Florida Highway Patrol showed how people commit accident fraud. In one instance, people hide on the side of the road near a staged crash. After the vehicles collide, the people jump into the vehicles and claim they were injured.

Fraud from this and other staged accidents has pushed PIP insurance rates 30 percent higher each year, Scott said. He urged lawmakers to pass legislation that would reform PIP.

“That’s money back into somebody’s pocket so they can afford food or shelter, transportation, things like that, education for the kids,” Scott said in an article posted at WFCN, Jacksonville.

“This is the same thing. This is a billion dollars of fraud on the citizens of our state, money that should be back in their hands, not to somebody who’s running a clinic that’s taking advantage of the system, lawyers that are taking advantage of the system. So this to me is a no-brainer. Why we wouldn’t want to fix this and be aggressive at fixing this?”

Radio station WFSU in Tallahassee covered the event: WFSU report on staged accidents

 

Government, business leaders call for PIP reform law with teeth

Monday, February 13th, 2012

Floridians are calling for reform of personal injury protection (PIP). Will legislators listen, or will all the bills that contain meaningful changes be killed, just as they were in 2011?

Gov. Rick Scott and CFO Jeff Atwater joined a broad coalition of Florida consumers, business leaders, law enforcement officials and concerned citizens in Tallahassee on Jan. 25. They urged legislature to “Put the Brakes on Accident Fraud and Abuse.

Scott, Atwater and former Florida Insurance Commissioner Bill Gunter said that fraud, abuse and excessive litigation were identified as problems in 1975. However, “PIP remains the domain of those who exploit the broken system in order to enrich themselves at the expense of consumers — further illustrating that the PIP system is long overdue for meaningful reform and the Legislature must act this session to end the nearly $1 billion fraud tax and stop accident fraud,” according to a joint statement.

“I urge the Senate and the House to work together on a comprehensive package that will actually get to the root of the problem and address this issue once and for all,” said Gov. Scott.

Others spoke out on the need for reform:

“I am a good driver, but with current trends, I will soon be priced out of the automobile insurance market.”

“Every day, I hear more and more deceptive and coercive advertisements that seem to encourage fraudulent claims,” said Cydnee Knoth, a Tampa resident who traveled to Tallahassee to urge the legislature to act on PIP.

“We cannot wait any longer for relief from the expense of fraud and litigation abuse.

“Florida cannot sustain the ever-growing burden of a broken PIP system. Florida families and businesses continue to take the brunt of this unresolved billion dollar problem,” said David Hart, executive vice president of the Florida Chamber of Commerce. “We are hopeful and expectant that the 2012 Session will be marked by comprehensive change.

Florida’s no-fault system is creating problems for Florida’s businesses and consumers.”

“In order for this legislation to successfully impact Florida consumers and businesses, we truly believe it must have teeth to it,” said Tom Feeney, president and CEO of Associated Industries of Florida. “Florida consumers and businesses deserve nothing less.”

The coalition urged lawmakers to include these key reforms in a final bill:

  1. Reasonable limitations on attorneys’ fees to remove the incentive to file frivolous lawsuits at the expense of Florida drivers.
  2. Increased anti-fraud controls to identify suspicious claims and allow insurers time to investigate those claims to avoid unnecessary payments paid by innocent consumers.
  3. Enhanced controls on medical costs, through clarification of the medical fee schedule and other tools that rein in high utilization of questionable medical procedures, the costs of which are passed on to consumers.

A leading business group, Associated Industries of Florida also participated in the event. In a separate editorial for a Florida newspaper, Jose L. Gonzalez, vice president of governmental affairs, said effective legislation is needed because PIP fraud affects, “the neediest Floridians most, particularly those on fixed incomes.”

 

‘Four Pillars’ of Florida can bring PIP insurance relief to drivers

Monday, November 28th, 2011

Personal Injury Protection (PIP) insurance is in desperate need of reform, and Florida’s government leaders have outlined a plan to do just that. We should all show our support for changes that would that would reduce the PIP fraud premium that all Florida drivers pay.

Gov. Rick Scott, Chief Financial Officer Jeff Atwater and legislative leaders have pinpointed four areas where executive and legislative action can reduce PIP fraud and possibly auto insurance rates. The four pillars would attack the problem at its roots.

“Regrettably, our state’s auto insurance system has been taken over by a circling pool of pariah — fraud clinics, lawyer referral services and organized crime — that have been making their millions on the backs of every Floridian with a car in the driveway,” Florida CFO Atwater said in an official statement on Nov. 15, 2011.  “Today, we stop throwing consumers to the wolves and take action to drive down the cost of auto insurance for Florida’s consumers.”

The four areas of action:

  1. Fraud Prevention. Florida leads the nation in staged crashes and questionable claims, and often individuals not involved in the crash receive PIP benefits.
  2. Litigation Reform. From 2006 to 2010, PIP-related lawsuits pending at year-end increased by 387 percent. Attorney fees often far exceed the value of the $10,000 coverage and the damage amounts in dispute.
  3. Utilization and Provider Reform. Florida is above the national average in the amount of medical provider charges per claim and the number of procedures per claim. Florida must address fraud and abuse to reduce these occurrences.
  4. Accountability. Governor Scott and CFO Atwater called for a plan to gather the data needed to evaluate the legislation’s overall effectiveness to stop PIP fraud and abuse and drive down rates.

Florida drivers can help reform the PIP system by telling their state senators and representatives that reform is needed now. Drivers can also send statements of support to Gov. Scott and CFO Atwater.

Tampa Bay Times: Criminals take Florida’s auto insurance for ride

Thursday, November 3rd, 2011

The St. Petersburg Times has published an editorial that’s a must-read for anyone who has his or her car insurance in Florida. It calls for state legislators to take action on the rampant fraud that’s driving up premiums.

The editorial, published Oct. 31, 2011, begins:

Crime pays, but increasingly it’s Tampa Bay’s law-abiding drivers who are footing the bill. Enterprising criminals are taking Florida’s no-fault auto insurance law for a ride, fueling soaring insurance rates for everyone else.

The editorial describes how the Tampa Bay area has become a hotspot for auto insurance fraud, including staged accidents, phony personal injury protection (PIP) claims and the like. The problem has gotten out of hand and action is needed at the state level.

The editorial concludes with this thought:

Floridians need Tallahassee’s help to curb this so-called fraud tax. But they also need to be assured that lawmakers are looking out for their interests if they are in an accident.

We ask you to read the editorial in its entirety here, at the tampabay.com website.

Legislators, are you listening to the urgent call for PIP reform?

Thursday, October 13th, 2011

Perk up your ears, Florida legislators. Personal Injury Protection (PIP) reform needs to be the priority of the 2012 session.

Tampa Bay Online has weighed in with an excellent editorial that reflects what people in that metropolitan area feel about a situation that has gotten out of control.

“While the main purpose of the law is good — to ensure that medical bills are covered in a timely manner, and without litigation — the system has spawned an epidemic of fraud in Florida as breathtaking as the crack cocaine explosion of the 1980s,” the editorial states. (Read entire editorial here.)

“Motorists who pay little attention to such things should pay attention. You’re paying for all this. Insurance industry officials say the average ‘fraud tax,’ as it’s called, on Florida drivers was $48.62 per vehicle last year, meaning a family with two cars paid nearly $100,” the editorial states.

We told legislators the same things during the 2011 session and they promised action. However, the votes never materialized. Most PIP reform bills died in committee, others on the floor. The one or two that passed were watered down.

Why? Special interests. The editorial urges legislators to resist the same efforts to thwart PIP reform. “They must not buckle to the selfish interests of lawyers, clinic operators and others who are benefitting most from a flawed system rampant with fraud,” the editorial states.

The editorial commends Hillsborough County commissioners for cracking down on PIP fraud with the toughest ordinance in the state. We agree and go a step forward.

The law should be a model for all counties in Florida. Every county commission from Monroe to Escambia should adopt the same rules that, among other things, mandates having a physician on site and allows the county to deny or revoke a license for fraud-related reasons.

Thank you, Tampa Bay Online, for speaking up for all Florida drivers and trying to get the attention of our state legislators. Let’s hope that they listen.

Start the Florida legislative push for PIP reform today

Wednesday, September 21st, 2011

Florida legislators don’t return to Tallahassee until March, but they’ll listen to drivers now about what needs to be done to make auto insurance more affordable. Tell your representative and senator that you want Personal Injury Protection (PIP) reform.

PIP costs are skyrocketing. Claims payouts jumped to roughly $2.3 billion in 2010 from $1.5 billion in 2006 even though the number of licensed drivers changed little and the number of crashes has went down. Florida drivers pay some of the highest injury-related premiums because of widespread claims abuse and questionable accidents.

Robin Westcott, the state’s new insurance consumer advocate, will have PIP legislation ready by December. She is an insurance expert, having served as the director and assistant director of property and casualty financial oversight within the Florida Office of Insurance Regulation. She monitored companies for solvency and compliance with Florida’s financial requirements for property and casualty insurance companies.

Her recommendations on auto insurance reform will be based on input from state senators, representatives and others. Gov. Rick Scott, Insurance Commissioner Kevin McCarty, and Chief Financial Officer Jeff Atwater have all voiced support for new PIP legislation.

Several bills introduced in the 2011 session would have capped attorneys’ fees and tightened rules for filing claims. Lobbyists for lawyers, doctors, chiropractors and others who stood to lose money under the proposed laws persuaded the legislature to either vote down or not consider the measures.

Those special interests have to be defeated in 2012. Florida’s five largest automobile insurers have raised PIP premiums 35 percent to 72 percent in recent years.

One insurer reported that a typical annual PIP premium for a married 40-year-old woman in Miami increased nearly 80 percent from $450 in 2005 to over $800 in 2011, according to an article in the South Florida Sun-Sentinel.

In today’s economy, with gas prices still a dollar a gallon above 2010 levels, how much more can drivers afford? Insurance companies can absorb only so much of the increase of the cost of paying PIP and other accident-related claims. Commissioner Atwater has said that if drivers’ premiums don’t go up to cover those expenses, some insurers might stop doing business in Florida.

PIP insurance has gotten out of hand, and drivers have a chance to do something about it. Tell your legislator you demand PIP reform.

Summit with Florida CFO Atwater highlights PIP fraud

Friday, July 8th, 2011

Despite cries of foul from plaintiff lawyers, Personal Injury Protection (PIP) benefit payments continue to rise and with that, so does rampant abuse of auto insurance. The latest numbers on PIP fraud were revealed at a summit in late June 2011.

More than $8 billion in PIP claims have been paid in the past five years, said Monte Stevens of the Government Affairs Unit of the Florida Office of Insurance Regulation. The rate of PIP-related lawsuits has increased by over 300 percent during that time.

Another disturbing trend: $1billion more was paid out in auto insurance claims in 2010 than 2009, according to the OIR.

The summit was called because PIP fraud has become widespread in Florida. The state has 3 of the top 10 cities for PIP fraud in the nation, according to the National Insurance Crime Bureau (NICB).

By Florida law, drivers must carry PIP insurance. The coverage pays up to $10,000 in benefits and lost wages per incident. Each Florida driver pays an extra $49 per year in PIP premiums due to fraud, according to insurance industry estimates.

Action is needed, agreed the summit participants who included Florida Chief Financial Officer Jeff Atwater and Florida Rep. Bryan Nelson (Apopka), Rep. Geraldine Thompson (Orlando), Sen. Gary Siplin (Orlando) and representatives from the OIR, NICB and Central Florida law enforcement agencies. The Rotary Club of West Orlando hosted the event.

When Sen. Siplin asked CFO Atwater about enforcement efforts, Atwater said his goal was to punish fraudsters. He asked event attendees to contact Florida’s insurance fraud hotline or the state prosecutor’s office if they suspect auto insurance fraud.

Atwater also advocated holding more PIP-fraud summits around the state to make drivers more aware of how much extra they pay in premiums due to widespread fraud.

Florida Rep. Mike Horner (Kissimmee), who was in the audience, told the group that efforts to stem PIP abuses through legislation failed during the 2011 legislative session. He said reform measures failed due to lobbying pressure from the legal and medical communities, which profit from the PIP system through lawsuits and benefit payments.

Rep. Horner said he plans to re-file PIP-reform bills in the 2012 session.

Stop PIP fraud before legislative session ends

Wednesday, May 4th, 2011

It’s not too late to tell your state legislator to stop PIP fraud.

Watch this brief video and take action now!

Contact your Florida senator.

Contact your Florida representative.

Time to put a stop to PIP fraud in Florida

Tuesday, March 1st, 2011

We read with great interest the Feb. 22 article in the South Florida Sun-Sentinel on insurance fraud. The news story, headlined “High insurance premiums blamed on staged accidents,” provided strong insights into Personal Injury Protection (PIP) fraud, a problem that affects every Florida driver.

We applaud the efforts of Property Casualty Insurers Association of America, the Florida Chamber of Commerce and Associated Industries of Florida, as well as state officials, to reform Florida’s broken no-fault automobile insurance laws.  The fraud is so widespread and organized that it is impossible to describe it in a few sound bites.

Certainly, staged auto accidents are a big problem, but the fraud runs much deeper with organized rings of unscrupulous PIP attorneys, store-front clinics, chiropractors, imaging centers and 800-number advertisements promising “big money” to auto accident victims.

Up until now, these bad actors have enjoyed unfettered access to the wallets of Florida drivers. The results have been skyrocketing auto insurance premiums and the demise of several insurers.

What is not talked about is that the vast majority of PIP injury claims involve low-impact accidents with no apparent injuries at the scene. These often result in providers making claims for soft tissue injuries weeks later on behalf of two or three individuals with each of their $10,000 in PIP benefits 100 percent expended.

If an insurance company cries foul and refuses to pay what it considers fraudulent claims, as many as three to four separate lawsuits per individual from each medical provider ensues. That frequently results in more than $100,000 in attorney fees for a single accident.

That is not the picture the Florida Consumer Action Network painted of accident victims being unable to pay for attorneys to fight their insurance companies.  More than 90 percent of PIP lawsuits are filed on behalf of clinics and medical providers, not individuals.  Those businesses don’t seem to have any trouble finding attorneys to take their cases.

As Property Casualty Insurers spokesperson William Stander stated, creating a state arbitration program for dispute resolution would take literally thousands of questionable cases out of the overwhelmed court system and remove the incentive for committing fraud (attorney’s fees).

It’s time for that program to begin. If you’re a driver fed up with rising insurance premiums, let your Florida representative and senator know that you want relief – and you want it now.