In a previous post, I questioned whether personal injury protection benefits (PIP) that are part of all automobile accident insurance policies in Florida should be eliminated. The reason I am critical of personal injury protection is that it is so susceptible to fraud. Over the years, the Florida Legislature has attempted to put in place restrictions to eliminate the fraud. However, the restrictions have not really helped.

According to Mike Salinero in an article posted on TBO.com, the Hillsborough County commissioners are attempting their version of PIP regulation. The commissioners have requested the county attorney to write an ordinance that regulates the medical clinics that provide medical care to people injured in car accidents. Their focus on regulating the medical clinics is based on the fact that these clinics are often at the center of the fraud. There are many reputable auto accident medical clinics. However, the dishonest ones recruit people that stage auto accidents and then fraudulently billed for medical services that were never provided. This type of fraud is so prevalent in Hillsborough County that in 2009 the Tampa Bay area became a national leader.

The purpose of the proposed new ordinance in Hillsborough County would be to require all clinics to register with the county and have a licensed physician be responsible for all written prescriptions. While the goal is a good one, it is unclear how this increased regulation will address the fraud problem. I guess we will have to wait and see the actual ordinance to get that clarity.

My experience as a car accident attorney in Tampa and throughout Florida makes me question whether any regulation of personal injury protection will do much to eliminate the fraud. It may be that the only way to eliminate the fraud is to eliminate PIP itself. In my practice I do see the benefit that PIP provides for people who would otherwise be unable to pay for medical care after a car accident. On the other hand, if PIP were eliminated, letters of protection could be used to provide medical care to most of these people.

Posted by Scott Distasio at 8:42 AM | Permalink

Personal Injury Protection is a part of all automobile accident insurance policies in Florida. It has been a mandatory for all car drivers since 1972. It pays for up to $10,000.00 of medical care or lost wages after a car accident regardless of whether or not you were at fault in the accident.

The idea behind personal injury protection is a good one. It was meant to make sure that people with an injury after an auto accident get the medical care and wages they need. However, in practice, it has not lived up to its ideals. The main problem is the system is rampant with fraud and Tampa Bay is the biggest offender. As a recent article pointed out, the fraud has caused the cost of auto insurance to be unacceptably high. In fact, fraud within the system costs the typical family as much as $400.00 extra per year for their car insurance.

The fraud occurs because dishonest medical providers are able to bill insurance companies for care that was never provided. Often times the patients are involved in the fraud and get a portion of the billings. Insurance companies do the best they can to try and eliminate the fraud. In fact, their enforcement efforts often end up accusing innocent people of wrongdoing.

The insurance industry is lobbying the Florida Legislature to increase regulation of the personal injury protection system. However, over the years, increasing regulation has never solved the problem. The time has come for the legislature to think about whether to eliminate it all together.

Posted by Scott Distasio at 8:12 PM | Permalink

The Florida legislature is scrambling to make up for the state's budget deficit. It appears that one of the ways the state plans to do so is to raise the cost of most traffic citations. According to www.tbo.com, Governor Charlie Christ signed into law a bill that has $2.5 billion in spending cuts. Part of the bill includes statewide mandatory minimum increases to traffic fines for all types of automobile related conduct. The bill became law Sunday January 31, 2009

Under the new law, driving 10 to 14 mph above the speed limit has gone up to a minimum of $191; driving 15 mph to 19 mph over the limit has gone up to a minimum of $241; driving 20 mph up to 29 mph over the limit has gone up to a minimum of $266; and speeding in a school zone has gone up to $366. Many other traffic related infractions have gone up $10. The law also allows counties to add additional discretionary fees to the traffic fines.

Given the troubles in the economy, the fines will certainly be a hardship to many financially strapped families. However, maybe some good will come from it. Basic economic principles suggest that increasing fines has a deterrent effect on the fined conduct. Let's hope car accidents decrease as people work harder to obey the law to avoid the fines.

Scott distasio
Tampa auto accident attorney

DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022

Posted by Scott Distasio at 11:53 AM | Permalink | Comments (0)

According to a web posting at http://www.news-leader.com/apps/pbcs.dll/article?AID=2008806190360 The Bush administration announced the federal government will put in place a nursing home rating system by the end of the year that will be accessable to consumers from a yet to be announced government website. According to Kerry Weems, acting administrator for the Centers for Medicare and Medicaid Services, The fact a home has a lower rating will likely put them on the path to improvement," because "I don't think we're going to see many people who are very anxious to put a loved one in a one-star home."

The rating system is a good first start. However, it is either very nieve or very deceptive on the part of Mr. Weems to suggest that the rating system will have a very large impact on the average member of the public's decision regarding which nursing home facility to place a loved one. The truth is that the overwelming majority of families trying to place a loved one will never know the rating system or a website ranking nursing homes exists. In fact, Florida has had such a website to rate its nursing homes for many years. It can be found at http://ahcaxnet.fdhc.state.fl.us/nhcguide/. The Florida nursing homes that rank poorly continue to have high occupancy rates despite the low ranking. For example, a nursing home called Rehabilitation And HealthCare Center Of Tampa received an overall rating of one star out of 5 for its latest survey performed on february 7, 2008. However, it had an 80.05% occupancy rate.

While low rankings in performance are not publicized enough to effect consumer opinions, the information should still be gathered and posted. The real power of the ranking system is that it creates a framework to punish poor performers. Punishment can occur as the result of a nursing home neglect lawyer bringing a personal injury lawsuit when the rankings are admitted into evidence to give the jury an idea of the conditions of the facility. Unfortunately, tort reform in the state of Florida has drastically reduced the number of such lawsuits and therefore their deterent effect created by them. The rankings can also be used by the government to sanction the nursing home and or revoke its license. The real question is whether the federal or state government will use the information for that purpose.

Scott Distasio
Tampa nursing home abuse lawyer

DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
888-595-0022

Tampa personal injury attorney

Posted by Scott Distasio at 2:28 PM | Permalink | Comments (0)

Holding a Nursing Home responsible for wrongdoing in the State of Florida has become a game of wading through multiple layers of corporate structure. Nursing Home Negligence Lawyers used to be able to focus their efforts on proving the negligent conduct of the nursing home. However, In the late 1990's Nursing Homes figured out that dividing up the various components of owning and operating a facility into seperate corporations could help them escape responsibility for their conduct. Often, one corporation will own the property; one corporation will hold the license and employ the staff; one corproation will employ the management personnel; and one corporation will employ the accounting, billing, and regulatory personnel. Each of these companies will be owned by yet another company which are all owned by one large out of state parent company. All of the profits of the facility are funneled out through the various corporations indirectly to the main parent company. The Nursing Home then takes the position that a neglected and abused Nursing Home resident can only sue the company that holds the license and employs the staff (the licensee). Of course, the licensee company will carry very little or no insurance and own no assets. Many times the law favors the nursing homes. Unfortunately, the system of shell corporations has become so complicated that the cost of litigating the issues has scared away many Nursing Home Abuse Lawyers.

During the recent legislative session, the Florida Legislature had the opportunity to address some of the problems associated with the Nursing Home corporate shell game. The legislature was considering a bill labeled "Nursing Home Transparency & Accountablity". The bill would have required nursing homes to indentify related companies during the licensing process as well as publically disclose all contracts between the related companies. Although the bill would not have eliminated the deceptive shell game, It would have made it easier for Nursing Home Personal Injury Attorneys to connect the dots. Unfortunately the bill died in committee. There does not appear to be a rational explanation as to why the Florida Legislature failed to pass this law.

Scott Distasio
Tampa Nursing Home Negligence Lawyer

Distasio Law Firm
Helping Injured People
Offices: Tampa
1-888-595-0022

Tampa Personal Injury Lawyer

Posted by Scott Distasio at 9:40 AM | Permalink | Comments (0)