Governor Scott Signs PIP Reform Bill into Law - Loopholes and All!

Just as the personal injury protection (PIP) reform bill did not pass through both houses of the Florida Legislature until the final hour, so too did Governor Rick Scott wait until the final hour to sign the bill into law.  The governor had 15 days from receiving the passed bill to sign it into law or veto it back to the legislature and he used all 15 of them.  The governor’s delay in signing the bill is puzzling because he has long been a staunch supporter of the bill and PIP reform in general.

Even more puzzling is that immediately after the governor signed the bill that he himself touted as necessary for eliminating “rampant auto fraud”, he expressed concern about a loophole in the new law that auto fraudsters can exploit. "They are already trying to scam the system," Scott said while flanked by about 50 law enforcement officers.  Perhaps the governor did not notice the loophole until just after he signed the bill.

The loophole is based around one of the bill’s provisions - specifically the one that reduces PIP payments from $10,000 to $2,500 unless a medical doctor, osteopathic physician, dentist or a supervised physician's assistant or advanced registered nurse practitioner determines the injured person has an "emergency medical condition." Chiropractors, for some reason, cannot make that determination (for the purposes of PIP benefits only).  In other words, no matter how seriously you are injured, you could only collect a maximum of $2,500 under PIP if you are exclusively treated by a chiropractor, because he or she can never diagnose you with having an “emergency medical condition.”

Some private companies, however, are making deals with chiropractic offices to send over doctors and osteopathic physicians so that they can diagnose an “emergency medical condition” and the full $10,000 limit can be collected.  In its own defense, one such company stated that it was merely helping patients receive the needed care to which they are entitled. 

How ironic that a law must be skirted to ensure patients receive proper care.  It is even more ironic that the law to avoid is the same law that was originally created 40 years ago with the express purpose of helping accident victims receive that level of care.

For more information on the 2012 PIP Law, please see,

2012 PIP Reform Law – How it Will Impact Accident Victims