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Wednesday, October 23, 2013

FL PIP Statute is upheld in appeals court. EMC stands. Massage and Acupuncture are out.

FL PIP Statute is upheld in appeals court.  EMC stands.  Massage and Acupuncture are out.

Dr.  Alan Himmel

Well, here it is.  Actually it was no big surprise.  The three judges upheld the PIP law.  They say that the plaintiffs did not convince them that denial based on EMC, and the elimination of massage and acupuncture is unconstitutional.,0,

This was an appellate court ruling.

 You can watch the hearing at:

I am not going to spend a lot of time discussing my thoughts on this, because at this point, it makes no difference anyway.  I am not going to say that the plaintiffs argument was weak and confusing--I'm not a lawyer, so I couldn't have done any better (even though it was weak and confusing); I am not going to complain that the judges already seemed to have made their decision before the hearing even started;   I am not going to suggest that three judges, who were picked by Bush, Crist, and Scott, were going to come up with anything other than the decision that they came up with.

I do have mixed feelings about the fight against the EMC ruling and elimination of massage and acupuncture from reimbursement.  I think that the injunction was a nice solid stepping stone, or transition into the complete repeal of FL pip.  Now that the law has been upheld, its 'possible' that we will have a year or two more before they again try and drive the nails into the coffin of PIP.  It will likely come, but maybe since they got what they want for now, they will leave it alone for a bit.  But, I also believe in the fight.  That's where I am conflicted.  If you don't fight, then whats the point?  In this case, the more you fight, the quicker your death.  Its like you just gotta give them something, or they will come back just to rape and kill you in the end. You just are not going to win in the long or short run.

There will still be PIP suits regarding the PIP, so the attorneys that do PIP litigation will still be needed.  And, thank the lord for these people.  If you are a chiropractor and treating auto trauma patients, you still have some hope that you will see first party insurance payment beyond the $2500, for your hard work.

Later for now.  I have to concentrate on more positive things.