Med-mal, PIP fraud, drug testing all advance

By Jim Saunders
03/24/11 © Health News Florida

Two bills that lawyers are fighting -- constraints in medical malpractice cases and on fees in PIP cases -- moved forward in the Legislature on Wednesday. So did a measure that would require drug-testing for public-assistance applicants.

Medical Malpractice

A malpractice bill that is a top priority of the Florida Medical Association took another step forward Wednesday when it was approved by a House subcommittee.

The House Health and Human Services Access Subcommittee voted 11-4 to approve House Bill 479, which would put restrictions on out-of-state expert witnesses in malpractice cases and shield hospitals from liability when errors are caused by contracted physicians.

"This continues the process of making Florida a physician-friendly state,'' said subcommittee Chairwoman Gayle Harrell, R-Stuart.

But Orlando trial lawyer Grant Kuvin said the bill is not needed. Malpractice claims have dropped since lawmakers passed a reform law in 2003, he said, while profits have surged for malpractice insurers.

"There is no crisis going on right now,'' Kuvin said.

The bill also has passed the House Civil Justice Subcommittee and still needs to go to the Judiciary Committee.

PIP Fraud

After a tense debate, the House Civil Justice Subcommittee on Wednesday approved a bill that would try to crack down on auto-insurance fraud by limiting attorneys' fees in personal-injury protection lawsuits.

The panel voted 9-6 to approve House Bill 967, which is sponsored by Rep. Mike Horner, R-Kissimmee. Horner said the bill would help fight massive PIP fraud problems that are driving up insurance rates; the bill has the backing of insurance companies.

Opponents argue the measure would prevent injured motorists and medical providers from getting attorneys to represent them in disputes.

"This bill is about giving insurance companies every tool in the toolbox and every opportunity to deny claims,'' said Rep. Matt Gaetz, R-Fort Walton Beach. But his attempt to derail the bill failed.

House Bill 967 still needs to clear two more committees before it could go to the full House.


Drug-testing for cash assistance

Following more than an hour of debate and questions, a House panel on Wednesday voted to require all recipients of temporary cash assistance be tested for illegal drugs before picking up their checks.

The House Rulemaking and Regulation Subcommittee approved the measure (HB 353), which mirrors a Senate plan (SB 556). 

Recipients would have to pay for the tests, which will run between $10 and $25.

“I’ve talked to constituents who say they do not want their tax dollars being spent on people who would potentially buy drugs with it,” said House sponsor Rep. Jimmie Smith, R-Inverness.

A Department of Children and Families study done between 1999 and 2001 on a pilot drug testing program recommended that it not be expanded statewide, saying that it woudn’t disqualify enough people to justify the cost. 

“This is outrageous,” said Rep. Jim Waldman, D-Coconut Creek, who said the only upside of the bill was that it had three more committee stops. “Hopefully this will never see the light of day on the House floor.”