Workers’ comp, warranty associations, legal expense corps
There are a couple of proposed changes in insurance regulation underway in Florida to share with you this edition. One involves workers’ compensation and the other pertains to service warranty and home warranty associations, and legal expense insurance corporations. Plus, a reminder of a new rule that takes effect next week on hurricane claims reporting.
Workers Comp Reimbursement Dispute Rule Changes: A proposed rule change by the Department of Financial Services (DFS) is still being debated that would bring tougher reporting requirements on health care providers, under 69L-31 of the Florida Administrative Code. The proposed adjustments would tighten requirements of proof by the health care provider that receives a Notice of Disallowance or Adjustment by a carrier and would not allow a simple affidavit attesting to the date of receipt. It increases from 10 to 20 days a carrier has to cure deficiencies in its initial response to reimbursement dispute petitions. It would also repeal six rules altogether, including the Consolidation of Petitions Rule, eliminating the DFS’s discretion in consolidating similar petitions into a single determination. There’s a complete overview of the changes by section here.
Licensing Requirements: DFS is also is also proposing amendments to Chapters 690-198, 690-199, and 690-201. The changes include simplifying licensure requirements by service warranty associations as noted here and here, as well as those pertaining to home warranty associations. Another change would streamline the application process for a certificate of authority by legal expense insurance corporations, merging all requirements into a single rule. A hearing on these changes will be held only if requested.
Hurricane Claims Reporting: As a reminder, Florida has amended Rule 690-142.015 that adopts standardized requirements that may be applied to insurers as a consequence of a hurricane or other natural disaster. The changes impact multiple lines and affect claims reporting and various grace periods and temporary postponement of cancellations or non-renewals. This amended rule is effective on February 22, 2021.
LMA Newsletter of 2-15-21
