A Judge has issued a temporary injunction against substantial portions of the New Florida PIP Law, including the requirement that an Emergent Medical Condition be present to get full PIP Benefits
A Tallahassee Judge has issued a temporary injunction for substantial portions of the New Florida PIP Law, HB 119, which took effect in part last July and in January of this year.
In a detailed 7 page order, Judge Terry P. Lewis of the Circuit Court of Leon County Florida, found certain aspects of the new law violate Floridians' constitutional rights to open access to courts. Specifically, the order temporary suspends the requirement that an Emergent Medical Condition be found as a prerequisite for the payment of full PIP benefits. It also suspends the provisions of the new law that would have prohibited payment to acupuncturists, chiropractors, and massage therapists.
The Order is only a temporary injunction, meaning it is only in place until a final trial on the full case is held. Still, this is a significant victory for accident victims, consumers, and medical providers, especially those who service Florida Auto Accident victims.
Important Note - nothing in this Order changes the requirement that Florida accident victims must get medical care and treatment within 14 days of the accident date.