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Sunday, December 9, 2012

Federal Lawsuit Filed Against Florida HB119 PIP No-Fault Law


LAWSUIT FILED IN FLORIDA AGAINST 

       THE NEW 2013 PIP BILL, HB119.



Dear Colleagues, 

Below is a letter written by Adam Levine, MD, JD., in regard to the Federal lawsuit recently filed Florida HB119.  Thanks to Dr. Levine, Esq., and Mr. Lirot, Esq, and for all their efforts on behalf of all Florida citizens and health care providers, who will be effected by this horrible legislation.  What you need to do is fill out the affidavit (below), get it notarized and fax it back to the lawyer.  Evidently there is a hearing on December 13, so these affidavits must be in by then.  Do this right away.

Share this on your facebook page, send it out by twitter, etc.

There are a lot of people affected by this.  Everyone should have a chance to at least be heard.



Thanks,
Alan


Re: Federal Lawsuit against HB119

Dear Friends,

Good morning. On behalf of a Florida Licensed Acupuncture Physician, a Florida Licensed Chiropractic Physician, two Florida Licensed Massage Therapists, John Doe (representing all Florida Licensed Acupuncture Physicians, Chiropractors, and Massage Therapists), and Jane Doe (representing all those injured as a result of a motor vehicle collision), o
n November 23 Luke Lirot, Esq., (Luke Charles Lirot, P.A.), and I filed a Complaint in Federal Court against Mr. Kevin McCarty in his Official Capacity as Commissioner of the Florida Office of Insurance Regulation respectfully requesting that the Court prevent the State of Florida from enforcing the provisions of the 2012 PIP Act. [also referred to as HB 119, and here I have taken the liberty of shortening the title because the actual title is 63 lines long]. The Florida Legislature enacted the 2012 PIP Act to prevent PIP Insurance Fraud and the provisions detailed below, preventing all care by all Acupuncture Physicians and all Licensed Massage Therapists, and severely limiting the care provided by all Chiropractic Physicians, applies to all patients injured as a result of a motor vehicle collision.

On November 30 we filed a Motion for Preliminary Injunction, scheduled for a hearing next week, because we believe that enforcement will irreparably harm all Acupuncture Physicians and all Licensed Massage Therapists in Florida and most likely harm many if not all Chiropractors in Florida. We believe that the 2012 PIP Act violates the Equal Protection and Due Process clauses of the 5th and 14th Amendments to the United States Constitution. Further, we believe that the 2012 PIP Act violates numerous provisions of the Florida Constitution. Essentially, the terms of the 2012 PIP Act require: 1) That despite a requirement that citizens owning a motor vehicle purchase $10,000 in Personal Injury Protection (PIP) insurance coverage, citizens failing to obtain medical evaluations within two weeks of an accident will receive no coverage, and citizens not diagnosed by an MD, DO, or DDS with an emergency medical condition will only receive $2,500 in coverage; 2) That Chiropractors (DC) may only provide manual manipulations and no other therapies (e-stim, traction, massage, heat/cold etc.) for a period limited to that allowed by Medicare or Workers Compensation, depending; 3) That all Acupuncture Physicians may not provide any evaluation or treatment of any kind; 4) That all Licensed Massage Therapists may not provide any evaluation or treatment of any kind.

Unfortunately, although we can all agree that PIP fraud exists, the mechanism chosen by the State Legislature abrogates our fundamental rights protected by the United States Constitution and violates multiple provisions of the Florida Constitution. Logically, preventing all patients from accessing all Florida licensed Acupuncture Physicians and all Licensed Massage Therapists that have already been providing care for motor vehicle accident victims for many years cannot rationally be related to preventing PIP fraud – these same providers may continue to provide care under any other 3rd party payor – just not PIP Insurance which just happens to be mandatory in Florida. Similarly, preventing all patients from accessing all the modalities available to all Florida licensed Chiropractic Physicians and limiting those patients to one quarter of the care previously allowed and then only to manual manipulations cannot rationally be related to the prevention of PIP fraud.
Please contact me by email, aslevine@msn.com, if I can provide you with any further information, if you can provide us with any information or would like to file an affidavit documenting any irreparable harm that will occur to you as a result of the 2012 PIP Act, or if you would like to participate in any way.

Best wishes and warmest regards,

Adam Levine, M.D., J.D.
Florida Legal Advocacy Group of Tampa Bay

Thanks again!

Best wishes,

Adam Levine
********************************************************************************


UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

ROBIN A. MYERS, A.P., an individual
person and Acupuncture Physician,

GREGORY S. ZWIRN, D.C., an individual
persona and Chiropractic Physician,

SHERRY L. SMITH, L.M.T., an individual
person and Licensed Massage Therapist, Case No. 8:12-cv-2660-T-26TBM

CARRIE C. DAMASKA, L.M.T., an individual
person and Licensed Massage Therapist,

“JOHN DOE,” on behalf of all similary
situated health care providers,

“JANE DOE,” on behalf of all those injured
by motor vehicle collisions,

Plaintiffs,

v.

KEVIN N. McCARTY, in his Official Capacity as
Commissioner of the Florida Office of Insurance
Regulation,

Defendant.
__________________________________________/

AFFIDAVIT OF  ______________[INSERT YOUR NAME HERE]_______________

STATE OF FLORIDA )
COUNTY OF [FILL IN COUNTY] )

Before me, the undersigned authority, appeared    [YOUR NAME HERE], having been duly identified and who states under oath the following:

  1. I am over the age of 18 years and otherwise competent to make this affidavit;
  2. I have personal knowledge of the facts set forth herein;
  3. I am a resident of  [FILL IN COUNTY] County;
  4. I am a [INSERT TYPE OF HEALTH CARE PROVIDER OR PATIENT];
  5. I own [OR WORK IN OR WHATEVER - INSERT THE BUSINESS NAME];
  6. My business is located in [INSERT COUNTY HERE] County;
  7. I possess license number [INSERT LICENSE NUMBER HERE] issued by the State of Florida to practice [INSERT TYPE OF LICENSE HERE];
  8. I read the 2012 Motor Vehicle Personal Injury Protection Insurance Act;
  9. Although I [UNDERSTAND, AM CONFUSED BY ETC.] the aforementioned Act, I believe that the Act will [what you think the Act will do in your own words. Generally injunctions are granted for things that will cause you irreparable harm – i.e. even if they could give you money, you would still be harmed because your business was destroyed etc.  With an injunction, you are asking the Court to provide you with an extraordinary remedy – something that will potentially cause you such harm that you will be permanently damaged.];
  10. At this time, this Act has already  [what was the impact of the act on your business?];
  11. Further, I have the following comments:
  12. I am requesting that this Court maintain the status quo so that I am not irreparably harmed until the Court can proceed with a full hearing or trial regarding this matter.

FURTHER AFFIANT SAYETH NAUGHT.
_______________________________________________
[INSERT YOUR NAME AND SIGN ABOVE]

NOTARY ACKNOWLEDGMENT

The foregoing Affidavit was sworn and acknowledged before me on this ___th day of _____________________ 2012 by  [INSERT NAME HERE], ___who is personally known to me, or ___ who produced the following identification: __________________________________________.

Notary signature: ________________________________
Notary name: ________________________________
Notary Expiration Date: ____________________________
Notary Seal: