Emergency Adoption of Revised Notification of Personal Injury Protection Benefits Form

 

DEPARTMENT OF FINANCIAL SERVICES
OIR – Insurance Regulation

RULE NO.:RULE TITLE:
69OER12-1Emergency Adoption of Revised Notification of Personal Injury Protection Benefits Form
SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: The Financial Services Commission and the Office of Insurance Regulation (“Office”) hereby state that the following circumstances constitute an immediate danger to the public health, safety, or welfare:
The 2012 Legislature adopted substantial amendments to the Florida No-Fault Law (Sections 627.730 – 627.7405, F.S.), hereinafter referred to as the PIP Law, which modified the personal injury protection benefits available to an insured consumer on or after January 1, 2013. Section 627.7401, F.S. requires the Financial Services Commission to adopt by rule the form that must be provided to consumers when they file a claim. The revised form will allow the timely compliance with Florida law that requires all insurers that write PIP insurance in this state to provide the consumer that has filed a claim on a policy, issued in compliance with the revised law, with proper notification of the benefits available. Requiring the utilization of the new form will prevent consumer confusion as to the new benefits that will be available pursuant to the revised PIP Law.
REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The Financial Services Commission believes that adopting an emergency rule is the fairest method to protect the public to assure that insureds are timely notified of their PIP Benefits as required by Florida Law. Furthermore rulemaking proceedings are being pursued to adopt the Notification of PIP Rights form on a permanent basis and interested parties will have an opportunity to participate in the standard rulemaking process. An Office bulletin addressed to all regulated persons and insurers would reach them, but would not be legally binding. A permanent rule would not have the flexibility and immediacy to protect the public welfare.
In consideration of the emergency conditions currently existing, and given the Office’s responsibility to protect the public interest and implement the Insurance Code, an emergency rule is necessary.
SUMMARY: Emergency Rule 69OER12-1 requires insurers writing PIP insurance policies issued or renewed on or after January 1, 2013, in accordance with Chapter 2012-197, Laws of Florida, to utilize Form OIR-ER1-1149(New 1-1-2013) ”Notification of Personal Injury Protection Benefits”.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Michelle Brewer, Office of Insurance Regulation, Email [e-mail]

THE FULL TEXT OF THE EMERGENCY RULE IS:

69OER12-01 Emergency Adoption of Revised Notification of Personal Injury Protection Benefits Form.

(1) Chapter 2012-197, Laws of Florida(House Bill 119)  revised the benefits available under the Florida No-Fault Law (Sections 627.730 – 627-7405 F.S.). Personal  Injury Protection (PIP) Benefit policies issued or renewed in this state on or after January 1, 2013 in accordance with the provisions of Chapter 2012-197, Laws of Florida will be required to utilize Form OIR-ER1-1149 (New 1-1-2013),”Notification of  Personal Injury Protection Benefits” until such time as revisions to  Form OIR-B1-1149 (Rev. 8/30/06) is adopted by rule. Form OIR-ER1-1149 (New 1-1-2013) is adopted and incorporated herein by reference and available at www.floir.com.

(2) Policies that do not provide the new benefits, shall continue to utilize Form OIR-B1-1149 (Rev. 8/30/06).

(3) This Emergency Rule shall be effective on January 1, 2013.

Rulemaking  Authority 120.54(4), 624.308, 627.7401 FS.  Law Implemented 627.7401 FS.  History–New 1-1-13.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: January 1, 2013