Section __. Independent Medical Necessity Determination; Reimbursement Safeguards.
(1) Legislative Purpose and Intent. The Legislature finds that following repeal of Personal Injury Protection (PIP), Florida motorists require a neutral, medically grounded safeguard to ensure that determinations of injury severity and continued medical necessity are made by independent medical professionals rather than by treating providers with financial interests or by insurers through non-clinical review processes. This section establishes an Independent Medical Necessity Determination to protect consumers from unnecessary or prolonged treatment; prevent paper-only claim denials; reduce litigation escalation; and provide cost predictability without limiting access to medical care. Nothing in this section authorizes an insurer to order, direct, or control medical treatment.
(2) Definitions. (a) "Independent Medical Necessity Determination" or "IMND" means a medical evaluation conducted by a qualified, independent medical professional solely to determine injury severity and whether continued treatment is medically necessary for reimbursement purposes. (b) "Initial course of care" means treatment rendered within the first 30 days following the motor vehicle accident or the first 12 treatment visits, whichever occurs first. (c) "Independent medical determination" means a written medical finding resulting from an Independent Medical Necessity Determination.
(3) Requirement by Operation of Law. An Independent Medical Necessity Determination is required by operation of law, and not by insurer request or prescription, when: (a) Treatment extends beyond the initial course of care; or (b) Injury severity, threshold injury status, or continued medical necessity is disputed for reimbursement purposes.
(4) Authorized Evaluators and Method of Examination. (a) An IMND may be performed by a physician licensed under chapter 458 or 459, Florida Statutes; a physician assistant licensed under chapter 458 or 459; or an advanced practice registered nurse licensed under chapter 464. (b) The determination may be conducted in person or via telemedicine as defined in s. 456.47, Florida Statutes. (c) The evaluating professional must have no financial, employment, referral, or treatment relationship with the treating provider whose care is under review or with the claimant.
(5) Initiation. An IMND may be initiated by the claimant; by a treating provider other than the provider rendering ongoing care; or by operation of law when reimbursement beyond the initial course of care is sought. An insurer may not order, prescribe, select, or compel an Independent Medical Necessity Determination.
(6) Nature and Scope. (a) The IMND is limited to determining injury severity and whether continued treatment is medically necessary for reimbursement purposes. (b) The determination does not constitute treatment or ongoing care; does not establish a provider-patient relationship for treatment purposes; and is an independent medical claims safeguard only. (c) Peer review, utilization review, record review, or paper-only review does not satisfy the IMND requirement.
(7) Compensation. (a) Total compensation for an IMND shall not exceed $300, which constitutes the maximum allowable and exclusive charge, inclusive of all professional, administrative, technical, telemedicine, record review, and reporting services. (b) The fee shall be paid directly by the insurer; shall not be billed to the insured or claimant; shall not be subject to balance billing; and shall not reduce policy limits or claimant benefits. (c) No additional compensation may be sought under any other provision of law or legal theory.
(8) Effect on Reimbursement. (a) If an IMND finds that continued treatment is not medically necessary, no insurer is required to reimburse for treatment rendered after the date of the determination, regardless of provider type. (b) For reimbursement purposes, chiropractic, rehabilitative, or passive therapy services rendered after a finding of no medical necessity are non-compensable, unless a subsequent independent medical determination establishes continued necessity.
(9) Absence of Independent Medical Determination. (a) In the absence of an IMND establishing continued medical necessity, reimbursement is not required for treatment rendered after the initial course of care. (b) A treating provider's own determination of medical necessity does not establish reimbursement eligibility beyond the initial course of care. (c) Treatment may continue at the election of the claimant; however, reimbursement is limited to services rendered prior to satisfaction of this section.
(10) Prohibited Conduct. (a) A treating provider may not condition care on the outcome of an IMND. (b) An evaluating professional or entity may not be compensated based on claim outcome, volume, or coverage determination. (c) A treating provider may not extend or continue treatment for reimbursement purposes based solely on the provider's own medical necessity determination following a finding to the contrary. (d) Treatment records, affidavits, or opinions generated after a finding of no medical necessity may not be used to establish retroactive reimbursement eligibility, absent a new qualifying medical event.
(11) Rule of Construction. Nothing in this section shall be construed to limit access to medical care; restrict a claimant's right to contest liability or damages; authorize insurers to direct or control medical treatment; or convert an IMND into a treating medical service.
(12) Applicability. This section applies to all motor vehicle accident claims arising on or after the effective date of this act.