Bill Text: FL S0860 | 2013 | Regular Session | Comm Sub
Bill Title: Workers' Compensation System Administration
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-29 - Laid on Table, companion bill(s) passed, see CS/CS/HB 553 (Ch. 2013-141) [S0860 Detail]
Download: Florida-2013-S0860-Comm_Sub.html
Florida Senate - 2013 CS for SB 860 By the Committee on Banking and Insurance; and Senator Galvano 597-03992-13 2013860c1 1 A bill to be entitled 2 An act relating to workers’ compensation system 3 administration; amending s. 440.02, F.S.; revising a 4 definition; amending s. 440.05, F.S.; revising 5 requirements relating to submitting notice of election 6 of exemption; amending s. 440.102, F.S.; conforming a 7 cross-reference; amending s. 440.107, F.S.; revising 8 effectiveness of stop-work orders and penalty 9 assessment orders; amending s. 440.11, F.S.; revising 10 immunity from liability standards for employers and 11 employees using a help supply services company; 12 amending s. 440.13, F.S.; deleting and revising 13 definitions; revising health care provider 14 requirements and responsibilities; deleting rulemaking 15 authority and responsibilities of the Department of 16 Financial Services; revising provider reimbursement 17 dispute procedures; revising penalties for certain 18 violations or overutilization of treatment; deleting 19 certain Office of Insurance Regulation audit 20 requirements; deleting provisions providing for 21 removal of physicians from lists of those authorized 22 to render medical care under certain conditions; 23 amending s. 440.15, F.S.; revising limitations on 24 compensation for temporary total disability; amending 25 s. 440.185, F.S.; revising and deleting penalties for 26 noncompliance relating to duty of employer upon 27 receipt of notice of injury or death; amending s. 28 440.20, F.S.; transferring certain responsibilities of 29 the office to the department; deleting certain 30 responsibilities of the department; amending s. 31 440.211, F.S.; deleting a requirement that a provision 32 that is mutually agreed upon in any collective 33 bargaining agreement be filed with the department; 34 amending s. 440.385, F.S.; conforming cross 35 references; amending s. 440.491, F.S.; revising 36 certain carrier reporting requirements; revising 37 duties of the department upon referral of an injured 38 employee; providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Subsection (8) of section 440.02, Florida 43 Statutes, is amended to read: 44 440.02 Definitions.—When used in this chapter, unless the 45 context clearly requires otherwise, the following terms shall 46 have the following meanings: 47 (8) “Construction industry” means for-profit activities 48 involving any building, clearing, filling, excavation, or 49 substantial improvement in the size or use of any structure or 50 the appearance of any land. However, “construction” does not 51 mean a homeowner’s act of construction or the result of a 52 construction upon his or her own premises, provided such 53 premises are not intended to be sold, resold, or leased by the 54 owner within 1 year after the commencement of construction. The 55 division may, by rule, establishstandard industrial56classificationcodes and definitions thereof thatwhichmeet the 57 criteria of the term “construction industry” as set forth in 58 this section. 59 Section 2. Subsection (3) of section 440.05, Florida 60 Statutes, is amended to read: 61 440.05 Election of exemption; revocation of election; 62 notice; certification.— 63 (3) Each officer of a corporation who is engaged in the 64 construction industry and who elects an exemption from this 65 chapter or who, after electing such exemption, revokes that 66 exemption,must submit a notice to such effect to the department 67 on a form prescribed by the department. The notice of election 68 to be exempt must bewhich iselectronically submitted to the 69 department by the officer of a corporation who is allowed to 70 claim an exemption as provided by this chapter and must list the 71 name, federal tax identification number, date of birth,Florida72 driver license number or Florida identification card number, and 73 all certified or registered licenses issued pursuant to chapter 74 489 held by the person seeking the exemption, the registration 75 number of the corporation filed with the Division of 76 Corporations of the Department of State, and the percentage of 77 ownership evidencing the required ownership under this chapter. 78 The notice of election to be exempt must identify each 79 corporation that employs the person electing the exemption and 80 must list the social security number or federal tax 81 identification number of each such employer and the additional 82 documentation required by this section. In addition, the notice 83 of election to be exempt must provide that the officer electing 84 an exemption is not entitled to benefits under this chapter, 85 must provide that the election does not exceed exemption limits 86 for officers provided in s. 440.02, and must certify that any 87 employees of the corporation whose officer elects an exemption 88 are covered by workers’ compensation insurance. Upon receipt of 89 the notice of the election to be exempt, receipt of all 90 application fees, and a determination by the department that the 91 notice meets the requirements of this subsection, the department 92 shall issue a certification of the election to the officer, 93 unless the department determines that the information contained 94 in the notice is invalid. The department shall revoke a 95 certificate of election to be exempt from coverage upon a 96 determination by the department that the person does not meet 97 the requirements for exemption or that the information contained 98 in the notice of election to be exempt is invalid. The 99 certificate of election must list the name of the corporation 100 listed in the request for exemption. A new certificate of 101 election must be obtained each time the person is employed by a 102 new or different corporation that is not listed on the 103 certificate of election. A copy of the certificate of election 104 must be sent to each workers’ compensation carrier identified in 105 the request for exemption. Upon filing a notice of revocation of 106 election, an officer who is a subcontractor or an officer of a 107 corporate subcontractor must notify her or his contractor. Upon 108 revocation of a certificate of election of exemption by the 109 department, the department shall notify the workers’ 110 compensation carriers identified in the request for exemption. 111 Section 3. Paragraph (p) of subsection (5) of section 112 440.102, Florida Statutes, is amended to read: 113 440.102 Drug-free workplace program requirements.—The 114 following provisions apply to a drug-free workplace program 115 implemented pursuant to law or to rules adopted by the Agency 116 for Health Care Administration: 117 (5) PROCEDURES AND EMPLOYEE PROTECTION.—All specimen 118 collection and testing for drugs under this section shall be 119 performed in accordance with the following procedures: 120 (p) All authorized remedial treatment, care, and attendance 121 provided by a health care provider to an injured employee before 122 medical and indemnity benefits are denied under this section 123 must be paid for by the carrier or self-insurer. However, the 124 carrier or self-insurer must have given reasonable notice to all 125 affected health care providers that payment for treatment, care, 126 and attendance provided to the employee after a future date 127 certain will be denied. A health care provider, as defined in s. 128 440.13(1)(g)440.13(1)(h), that refuses, without good cause, to 129 continue treatment, care, and attendance before the provider 130 receives notice of benefit denial commits a misdemeanor of the 131 second degree, punishable as provided in s. 775.082 or s. 132 775.083. 133 Section 4. Paragraph (b) of subsection (7) of section 134 440.107, Florida Statutes, is amended to read: 135 440.107 Department powers to enforce employer compliance 136 with coverage requirements.— 137 (7) 138 (b) Stop-work orders and penalty assessment orders issued 139 under this section against a corporation, limited liability 140 company, partnership, or sole proprietorship shall be in effect 141 against any successor corporation or business entity that has 142 one or more of the same principals or officers as the 143 corporation, limited liability company, or partnership against 144 which the stop-work order was issued and are engaged in the same 145 or equivalent trade or activity. 146 Section 5. Subsection (2) of section 440.11, Florida 147 Statutes, is amended to read: 148 440.11 Exclusiveness of liability.— 149 (2) The immunity from liability described in subsection (1) 150 shall extend to an employer and to each employee of the employer 151 which usesutilizesthe services of the employees of a help 152 supply services company, as set forth in North American 153 Industrial Classification System Codes 561320 and 561330 154Standard Industry Code Industry Number 7363, when such 155 employees, whether management or staff, are acting in 156 furtherance of the employer’s business. An employee so engaged 157 by the employer shall be considered a borrowed employee of the 158 employer,and, for the purposes of this section, shall be 159 treated as any other employee of the employer. The employer 160 shall be liable for and shall secure the payment of compensation 161 to all such borrowed employees as required in s. 440.10, except 162 when such payment has been secured by the help supply services 163 company. 164 Section 6. Paragraphs (e) through (t) of subsection (1) of 165 section 440.13, Florida Statutes, are redesignated as paragraphs 166 (d) through (s), respectively, subsections (14) through (17) are 167 renumbered as subsections (13) through (16), respectively, and 168 present paragraphs (h) and (q) of subsection (1), paragraphs 169 (a), (c), (e), and (i) of subsection (3), subsection (7), 170 paragraph (b) of subsection (8), paragraph (b) of subsection 171 (11), paragraph (e) of subsection (12), and present subsections 172 (13) and (14) of that section are amended to read: 173 440.13 Medical services and supplies; penalty for 174 violations; limitations.— 175 (1) DEFINITIONS.—As used in this section, the term: 176(d) “Certified health care provider” means a health care177provider who has been certified by the department or who has178entered an agreement with a licensed managed care organization179to provide treatment to injured workers under this section.180Certification of such health care provider must include181documentation that the health care provider has read and is182familiar with the portions of the statute, impairment guides,183practice parameters, protocols of treatment, and rules which184govern the provision of remedial treatment, care, and185attendance.186 (g)(h)“Health care provider” means a physician or any 187 recognized practitioner licensed to providewho providesskilled 188 services pursuant to a prescription or under the supervision or 189 direction of a physicianand who has been certified by the190department as a health care provider. The term “health care 191 provider” includes a health care facility. 192 (p)(q)“Physician” or “doctor” means a physician licensed 193 under chapter 458, an osteopathic physician licensed under 194 chapter 459, a chiropractic physician licensed under chapter 195 460, a podiatric physician licensed under chapter 461, an 196 optometrist licensed under chapter 463, or a dentist licensed 197 under chapter 466, each of whom must be certified by the198department as a health care provider. 199 (3) PROVIDER ELIGIBILITY; AUTHORIZATION.— 200 (a) As a condition to eligibility for payment under this 201 chapter, a health care provider who renders servicesmust be a202certified health care provider andmust receive authorization 203 from the carrier before providing treatment. This paragraph does 204 not apply to emergency care.The department shall adopt rules to205implement the certification of health care providers.206 (c) A health care provider may not refer the employee to 207 another health care provider, diagnostic facility, therapy 208 center, or other facility without prior authorization from the 209 carrier, except when emergency care is rendered. Any referral 210 must be to a health care providerthat has been certified by the211department, unless the referral is for emergency treatment, and 212the referralmust be made in accordance with practice parameters 213 and protocols of treatment as provided for in this chapter. 214 (e) Carriers shall adopt procedures for receiving, 215 reviewing, documenting, and responding to requests for 216 authorization.Such procedures shall be for a health care217provider certified under this section.218 (i) Notwithstanding paragraph (d), a claim for specialist 219 consultations, surgical operations, physiotherapeutic or 220 occupational therapy procedures, X-ray examinations, or special 221 diagnostic laboratory tests that cost more than $1,000 and other 222 specialty services that the department identifies by rule is not 223 valid and reimbursable unless the services have been expressly 224 authorized by the carrier,orunless the carrier has failed to 225 respond within 10 days to a written request for authorization, 226 or unless emergency care is required. The insurer shall 227 authorize such consultation or procedure unless the health care 228 provider or facility is not authorizedor certified, unless such 229 treatment is not in accordance with practice parameters and 230 protocols of treatment established in this chapter, or unless a 231 judge of compensation claims has determined that the 232 consultation or procedure is not medically necessary, not in 233 accordance with the practice parameters and protocols of 234 treatment established in this chapter, or otherwise not 235 compensable under this chapter. Authorization of a treatment 236 plan does not constitute express authorization for purposes of 237 this section, except to the extent the carrier provides 238 otherwise in its authorization procedures. This paragraph does 239 not limit the carrier’s obligation to identify and disallow 240 overutilization or billing errors. 241 (7) UTILIZATION AND REIMBURSEMENT DISPUTES.— 242 (a) Any health care provider, carrier, or employer who 243 elects to contest the disallowance or adjustment of payment by a 244 carrier under subsection (6) must, within 4530days after 245 receipt of notice of disallowance or adjustment of payment, 246 petition the department to resolve the dispute. The petitioner 247 must serve a copy of the petition on the carrier and on all 248 affected parties by certified mail. The petition must be 249 accompanied by all documents and records that support the 250 allegations contained in the petition. Failure of a petitioner 251 to submit such documentation to the department results in 252 dismissal of the petition. 253 (b) The carrier must submit to the department within 3010254 days after receipt of the petition all documentation 255 substantiating the carrier’s disallowance or adjustment. Failure 256 of the carrier to timely submit suchthe requesteddocumentation 257 to the department within 3010days constitutes a waiver of all 258 objections to the petition. 259 (c) Within 12060days after receipt of all documentation, 260 the department must provide to the petitioner, the carrier, and 261 the affected parties a written determination of whether the 262 carrier properly adjusted or disallowed payment. The department 263 must be guided by standards and policies set forth in this 264 chapter, including all applicable reimbursement schedules, 265 practice parameters, and protocols of treatment, in rendering 266 its determination. 267 (d) If the department finds an improper disallowance or 268 improper adjustment of payment by an insurer, the insurer shall 269 reimburse the health care provider, facility, insurer, or 270 employer within 30 days, subject to the penalties provided in 271 this subsection. 272 (e) The department shall adopt rules to carry out this 273 subsection. The rules may include provisions for consolidating 274 petitions filed by a petitioner and expanding the timetable for 275 rendering a determination upon a consolidated petition. 276 (f) Any carrier that engages in a pattern or practice of 277 arbitrarily or unreasonably disallowing or reducing payments to 278 health care providers may be subject to one or more of the 279 following penalties imposed by the department: 280 1. Repayment of the appropriate amount to the health care 281 provider. 282 2. An administrative fine assessed by the department in an 283 amount not to exceed $5,000 per instance of improperly 284 disallowing or reducing payments. 285 3. Award of the health care provider’s costs, including a 286 reasonable attorneyattorney’sfee, for prosecuting the 287 petition. 288 (8) PATTERN OR PRACTICE OF OVERUTILIZATION.— 289 (b) If the department determines that a health care 290 provider has engaged in a pattern or practice of overutilization 291 or a violation of this chapter or rules adopted by the 292 department, including a pattern or practice of providing 293 treatment in excess of the practice parameters or protocols of 294 treatment, it may impose one or more of the following penalties: 295 1. An orderof the departmentbarring the provider from 296 payment under this chapter; 297 2. Deauthorization of care under review; 298 3. Denial of payment for care rendered in the future; 2994. Decertification of a health care provider certified as300an expert medical advisor under subsection (9) or of a301rehabilitation provider certified under s.440.49;302 4.5.An administrative fine ofassessed by the department303in an amount not to exceed$5,000per instance of304overutilization or violation; and 305 5.6.Notification of and review by the appropriate 306 licensing authority pursuant to s. 440.106(3). 307 (11) AUDITS.— 308 (b) The department shall monitor carriers as provided in 309 this chapterand the Office of Insurance Regulation shall audit310insurers and group self-insurance funds as provided in s.311624.3161, to determine if medical bills are paid in accordance312with this section and rules of the department and Financial313Services Commission, respectively. Any employer, if self314insured, or carrier found by the department or Office of315Insurance Regulation not to be within 90 percent compliance as316to the payment of medical bills after July 1, 1994, must be317assessed a fine not to exceed 1 percent of the prior year’s318assessment levied against such entity under s.440.51for every319quarter in which the entity fails to attain 90-percent320compliance. The department shall fine or otherwise discipline an321employer or carrier, pursuant to this chapter or rules adopted322by the department, and the Office of Insurance Regulation shall323fine or otherwise discipline an insurer or group self-insurance324fund pursuant to the insurance code or rules adopted by the325Financial Services Commission, for each late payment of326compensation that is below the minimum 95-percent performance327standard. Any carrier that is found to be not in compliance in328subsequent consecutive quarters must implement a medical-bill329review program approved by the department or office, and an330insurer or group self-insurance fund is subject to disciplinary331action by the Office of Insurance Regulation. 332 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM 333 REIMBURSEMENT ALLOWANCES.— 334 (e) In addition to establishing the uniform schedule of 335 maximum reimbursement allowances, the panel shall: 336 1. Take testimony, receive records, and collect data to 337 evaluate the adequacy of the workers’ compensation fee schedule, 338 nationally recognized fee schedules and alternative methods of 339 reimbursement tocertifiedhealth care providers and health care 340 facilities for inpatient and outpatient treatment and care. 341 2. Surveycertifiedhealth care providers and health care 342 facilities to determine the availability and accessibility of 343 workers’ compensation health care delivery systems for injured 344 workers. 345 3. Survey carriers to determine the estimated impact on 346 carrier costs and workers’ compensation premium rates by 347 implementing changes to the carrier reimbursement schedule or 348 implementing alternative reimbursement methods. 349 4. Submit recommendations on or before January 1, 2003, and 350 biennially thereafter, to the President of the Senate and the 351 Speaker of the House of Representatives on methods to improve 352 the workers’ compensation health care delivery system. 353 354 The department, as requested, shall provide data to the panel, 355 including, but not limited to, utilization trends in the 356 workers’ compensation health care delivery system. The 357 department shall provide the panel with an annual report 358 regarding the resolution of medical reimbursement disputes and 359 any actions pursuant to subsection (8). The department shall 360 provide administrative support and service to the panel to the 361 extent requested by the panel. 362(13) REMOVAL OF PHYSICIANS FROM LISTS OF THOSE AUTHORIZED363TO RENDER MEDICAL CARE.—The department shall remove from the364list of physicians or facilities authorized to provide remedial365treatment, care, and attendance under this chapter the name of366any physician or facility found after reasonable investigation367to have:368(a) Engaged in professional or other misconduct or369incompetency in connection with medical services rendered under370this chapter;371(b) Exceeded the limits of his or her or its professional372competence in rendering medical care under this chapter, or to373have made materially false statements regarding his or her or374its qualifications in his or her application;375(c) Failed to transmit copies of medical reports to the376employer or carrier, or failed to submit full and truthful377medical reports of all his or her or its findings to the378employer or carrier as required under this chapter;379(d) Solicited, or employed another to solicit for himself380or herself or itself or for another, professional treatment,381examination, or care of an injured employee in connection with382any claim under this chapter;383(e) Refused to appear before, or to answer upon request of,384the department or any duly authorized officer of the state, any385legal question, or to produce any relevant book or paper386concerning his or her conduct under any authorization granted to387him or her under this chapter;388(f) Self-referred in violation of this chapter or other389laws of this state; or390(g) Engaged in a pattern of practice of overutilization or391a violation of this chapter or rules adopted by the department,392including failure to adhere to practice parameters and protocols393established in accordance with this chapter.394 (13)(14)PAYMENT OF MEDICAL FEES.— 395 (a) Except for emergency care treatment, fees for medical 396 services are payable only to a health care providercertified397andauthorized to render remedial treatment, care, or attendance 398 under this chapter. Carriers shall pay, disallow, or deny 399 payment to health care providers in the manner and at times set 400 forth in this chapter. A health care provider may not collect or 401 receive a fee from an injured employee within this state, except 402 as otherwise provided by this chapter. Such providers have 403 recourse against the employer or carrier for payment for 404 services rendered in accordance with this chapter. Payment to 405 health care providers or physicians shall be subject to the 406 medical fee schedule and applicable practice parameters and 407 protocols, regardless of whether the health care provider or 408 claimant is asserting that the payment should be made. 409 (b) Fees charged for remedial treatment, care, and 410 attendance, except for independent medical examinations and 411 consensus independent medical examinations, may not exceed the 412 applicable fee schedules adopted under this chapter and 413 department rule. Notwithstanding any other provision in this 414 chapter, if a physician or health care provider specifically 415 agrees in writing to follow identified procedures aimed at 416 providing quality medical care to injured workers at reasonable 417 costs, deviations from established fee schedules shall be 418 permitted. Written agreements warranting deviations may include, 419 but are not limited to, the timely scheduling of appointments 420 for injured workers, participating in return-to-work programs 421 with injured workers’ employers, expediting the reporting of 422 treatments provided to injured workers, and agreeing to 423 continuing education, utilization review, quality assurance, 424 precertification, and case management systems that are designed 425 to provide needed treatment for injured workers. 426 (c) Notwithstanding any other provision of this chapter, 427 following overall maximum medical improvement from an injury 428 compensable under this chapter, the employee is obligated to pay 429 a copayment of $10 per visit for medical services. The copayment 430 shall not apply to emergency care provided to the employee. 431 Section 7. Paragraph (b) of subsection (2) of section 432 440.15, Florida Statutes, is amended to read: 433 440.15 Compensation for disability.—Compensation for 434 disability shall be paid to the employee, subject to the limits 435 provided in s. 440.12(2), as follows: 436 (2) TEMPORARY TOTAL DISABILITY.— 437 (b) Notwithstandingthe provisions ofparagraph (a), an 438 employee who has sustained the loss of an arm, leg, hand, or 439 foot, has been rendered a paraplegic, paraparetic, quadriplegic, 440 or quadriparetic, or has lost the sight of both eyes shall be 441 paid temporary total disability of 80 percent of her or his 442 average weekly wage. The increased temporary total disability 443 compensation provided for in this paragraph must not extend 444 beyond 6 months from the date of the accident; however, such 445 benefits shall not be due or payable if the employee is eligible 446 for, entitled to, or collecting permanent total disability 447 benefits. The compensation provided by this paragraph is not 448 subject to the limits provided in s. 440.12(2), but instead is449subject to a maximum weekly compensation rate of $700. If, at 450 the conclusion of this period of increased temporary total 451 disability compensation, the employee is still temporarily 452 totally disabled, the employee shall continue to receive 453 temporary total disability compensation as set forth in 454 paragraphs (a) and (c). The period of time the employee has 455 received this increased compensation will be counted as part of, 456 and not in addition to, the maximum periods of time for which 457 the employee is entitled to compensation under paragraph (a) but 458 not paragraph (c). 459 Section 8. Subsection (9) of section 440.185, Florida 460 Statutes, is amended to read: 461 440.185 Notice of injury or death; reports; penalties for 462 violations.— 463 (9) Any employer or carrier who fails or refuses to timely 464 send any form, report, or notice required by this section shall 465 be subject to an administrative fine by the department not to 466 exceed $500$1,000for each such failure or refusal.If, within4671 calendar year, an employer fails to timely submit to the468carrier more than 10 percent of its notices of injury or death,469the employer shall be subject to an administrative fine by the470department not to exceed $2,000 for each such failure or471refusal.However, any employer who fails to notify the carrier 472 of antheinjury on the prescribed form or by letter within the 473 7 days required in subsection (2) shall be liable for the 474 administrative fine, which shall be paid by the employer and not 475 the carrier. Failure by the employer to meet its obligations 476 under subsection (2) shall not relieve the carrier from 477 liability for the administrative fine if it fails to comply with 478 subsections (4) and (5). 479 Section 9. Paragraph (b) of subsection (8) and paragraphs 480 (a), (b), and (c) of subsection (12) of section 440.20, Florida 481 Statutes, are amended to read: 482 440.20 Time for payment of compensation and medical bills; 483 penalties for late payment.— 484 (8) 485 (b) In order to ensure carrier compliance under this 486 chapter, the departmentofficeshall monitor, audit, and 487 investigate the performance of carriers. The departmentoffice488 shall require that all compensation benefits bearetimely paid 489 in accordance with this section. The departmentofficeshall 490 impose penalties for late payments of compensation that are 491 below a minimum 95-percent95 percenttimely payment performance 492 standard. The carrier shall pay to the Workers’ Compensation 493 Administration Trust Fund a penalty of: 494 1. Fifty dollars per number of installments of compensation 495 below the 95-percent95 percenttimely payment performance 496 standard and equal to or greater than a 90-percent90 percent497 timely payment performance standard. 498 2. One hundred dollars per number of installments of 499 compensation below a 90-percent90 percenttimely payment 500 performance standard. 501 502 This section does not affect the imposition of any penalties or 503 interest due to the claimant. If a carrier contracts with a 504 servicing agent to fulfill its administrative responsibilities 505 under this chapter, the payment practices of the servicing agent 506 are deemed the payment practices of the carrier for the purpose 507 of assessing penalties against the carrier. 508 (12) 509 (a) Liability of an employer for future payments of 510 compensation may not be discharged by advance payment unless 511 prior approval of a judge of compensation claimsor the512departmenthas been obtained as hereinafter provided. The 513 approval shall not constitute an adjudication of the claimant’s 514 percentage of disability. 515 (b) When the claimant has reached maximum recovery and 516 returned to her or his former or equivalent employment with no 517 substantial reduction in wages, such approval of a reasonable 518 advance payment of a part of the compensation payable to the 519 claimant may be given informally by letter by a judge of 520 compensation claimsor by the department. 521 (c) In the event the claimant has not returned to the same 522 or equivalent employment with no substantial reduction in wages 523 or has suffered a substantial loss of earning capacity or a 524 physical impairment, actual or apparent: 525 1. An advance payment of compensation not in excess of 526 $2,000 may be approved informally by letter, without hearing, by 527 any judge of compensation claims or the Chief Judge. 528 2. An advance payment of compensation not in excess of 529 $2,000 may be ordered by any judge of compensation claims after 530 giving the interested parties an opportunity for a hearing 531 thereon pursuant to not less than 10 days’ notice by mail, 532 unless such notice is waived, and after giving due consideration 533 to the interests of the person entitled thereto. When the 534 parties have stipulated to an advance payment of compensation 535 not in excess of $2,000, such advance may be approved by an 536 order of a judge of compensation claims, with or without 537 hearing, or informally by letter by any such judge of 538 compensation claims, or by the department, if such advance is 539 found to be for the best interests of the person entitled 540 thereto. 541 3. When the parties have stipulated to an advance payment 542 in excess of $2,000,subject to the approval of the department,543 such payment may be approved by a judge of compensation claims 544 by order if the judge finds that such advance payment is for the 545 best interests of the person entitled thereto and is reasonable 546 under the circumstances of the particular case. The judge of 547 compensation claims shall make or cause to be made such 548 investigations as she or he considers necessary concerning the 549 stipulation and, in her or his discretion, may have an 550 investigation of the matter made. The stipulation and the report 551 of any investigation shall be deemed a part of the record of the 552 proceedings. 553 Section 10. Subsection (1) of section 440.211, Florida 554 Statutes, is amended to read: 555 440.211 Authorization of collective bargaining agreement.— 556 (1) Subject to the limitation stated in subsection (2), a 557 provision that is mutually agreed upon in any collective 558 bargaining agreementfiled with the departmentbetween an 559 individually self-insured employer or other employer upon 560 consent of the employer’s carrier and a recognized or certified 561 exclusive bargaining representative establishing any of the 562 following shall be valid and binding: 563 (a) An alternative dispute resolution system to supplement, 564 modify, or replace the provisions of this chapter which may 565 include, but is not limited to, conciliation, mediation, and 566 arbitration. Arbitration held pursuant to this section shall be 567 binding on the parties. 568 (b) The use of an agreed-upon list ofcertifiedhealth care 569 providers of medical treatment which may be the exclusive source 570 of all medical treatment under this chapter. 571 (c) The use of a limited list of physicians to conduct 572 independent medical examinations which the parties may agree 573 shall be the exclusive source of independent medical examiners 574 pursuant to this chapter. 575 (d) A light-duty, modified-job, or return-to-work program. 576 (e) A vocational rehabilitation or retraining program. 577 Section 11. Paragraph (b) of subsection (1) of section 578 440.385, Florida Statutes, is amended to read: 579 440.385 Florida Self-Insurers Guaranty Association, 580 Incorporated.— 581 (1) CREATION OF ASSOCIATION.— 582 (b) A member may voluntarily withdraw from the association 583 when the member voluntarily terminates the self-insurance 584 privilege and pays all assessments due to the date of such 585 termination. However, the withdrawing member shall continue to 586 be bound by the provisions of this section relating to the 587 period of his or her membership and any claims charged pursuant 588 thereto. The withdrawing member who is a member on or after 589 January 1, 1991, shall also be required to provide to the 590 association upon withdrawal, and at 12-month intervals 591 thereafter, satisfactory proof, including, if requested by the 592 association, a report of known and potential claims certified by 593 a member of the American Academy of Actuaries, that it continues 594 to meet the standards of s. 440.38(1)(b)440.38(1)(b)1.in 595 relation to claims incurred while the withdrawing member 596 exercised the privilege of self-insurance. Such reporting shall 597 continue until the withdrawing member demonstrates to the 598 association that there is no remaining value to claims incurred 599 while the withdrawing member was self-insured. If a withdrawing 600 member fails or refuses to timely provide an actuarial report to 601 the association, the association may obtain an order from a 602 circuit court requiring the member to produce such a report and 603 ordering any other relief that the court determines appropriate. 604 The association is entitled to recover all reasonable costs and 605 attorneyattorney’sfees expended in such proceedings. If during 606 this reporting period the withdrawing member fails to meet the 607 standards of s. 440.38(1)(b)440.38(1)(b)1., the withdrawing 608 member who is a member on or after January 1, 1991, shall 609 thereupon, and at 6-month intervals thereafter, provide to the 610 association the certified opinion of an independent actuary who 611 is a member of the American Academy of Actuaries of the 612 actuarial present value of the determined and estimated future 613 compensation payments of the member for claims incurred while 614 the member was a self-insurer, using a discount rate of 4 615 percent. With each such opinion, the withdrawing member shall 616 deposit with the association security in an amount equal to the 617 value certified by the actuary and of a type that is acceptable 618 for qualifying security deposits under s. 440.38(1)(b). The 619 withdrawing member shall continue to provide such opinions and 620 to provide such security until such time as the latest opinion 621 shows no remaining value of claims. The association has a cause 622 of action against a withdrawing member, and against any 623 successor of a withdrawing member, who fails to timely provide 624 the required opinion or who fails to maintain the required 625 deposit with the association. The association shall be entitled 626 to recover a judgment in the amount of the actuarial present 627 value of the determined and estimated future compensation 628 payments of the withdrawing member for claims incurred during 629 the time that the withdrawing member exercised the privilege of 630 self-insurance, together with reasonable attorneyattorney’s631 fees. The association is also entitled to recover reasonable 632 attorneyattorney’sfees in any action to compel production of 633 any actuarial report required by this section. For purposes of 634 this section, the successor of a withdrawing member means any 635 person, business entity, or group of persons or business 636 entities, which holds or acquires legal or beneficial title to 637 the majority of the assets or the majority of the shares of the 638 withdrawing member. 639 Section 12. Paragraph (a) of subsection (3) and paragraph 640 (a) of subsection (6) of section 440.491, Florida Statutes, are 641 amended to read: 642 440.491 Reemployment of injured workers; rehabilitation.— 643 (3) REEMPLOYMENT STATUS REVIEWS AND REPORTS.— 644 (a) When an employee who has suffered an injury compensable 645 under this chapter is unemployed 60 days after the date of 646 injury and is receiving benefits for temporary total disability, 647 temporary partial disability, or wage loss,and has not yet been 648 provided medical care coordination and reemployment services 649 voluntarily by the carrier, the carrier must determine whether 650 the employee is likely to return to work and must report its 651 determination tothe department andthe employee. The report 652 shall include the identification of both the carrier and the 653 employee,andthe carrier claim number, and any case number 654 assigned by the Office of the Judges of Compensation Claims. The 655 carrier must thereafter determine the reemployment status of the 656 employee at 90-day intervals as long as the employee remains 657 unemployed, is not receiving medical care coordination or 658 reemployment services, and is receiving the benefits specified 659 in this subsection. 660 (6) TRAINING AND EDUCATION.— 661 (a) Upon referral of an injured employee by the carrier, or 662 upon the request of an injured employee, the department shall 663 conduct a training and education screening to determine whether 664 it should refer the employee for a vocational evaluationand, if665appropriate, approve training and education, or approve other 666 vocational services for the employee. At the time of such 667 referral, the carrier shall provide the department a copy of any 668 reemployment assessment or reemployment plan provided to the 669 carrier by a rehabilitation provider. The department may not 670 approve formal training and education programs unless it 671 determines, after consideration of the reemployment assessment, 672 that the reemployment plan is likely to result in return to 673 suitable gainful employment. The department mayis authorized to674 expend moneys from the Workers’ Compensation Administration 675 Trust Fund, established by s. 440.50, to secure appropriate 676 training and education at a Florida public college or at a 677 career center established under s. 1001.44, or to secure other 678 vocational services when necessary to satisfy the recommendation 679 of a vocational evaluator. As used in this paragraph, 680 “appropriate training and education” includes securing a general 681 education diploma (GED), if necessary. The department shall by 682 rule establish training and education standards pertaining to 683 employee eligibility, course curricula and duration, and 684 associated costs. For purposes of this subsection, training and 685 education services may be secured from additional providers if: 686 1. The injured employee currently holds an associate degree 687 and requests to earn a bachelor’s degree not offered by a 688 Florida public college located within 50 miles from his or her 689 customary residence; 690 2. The injured employee’s enrollment in an education or 691 training program in a Florida public college or career center 692 would be significantly delayed; or 693 3. The most appropriate training and education program is 694 available only through a provider other than a Florida public 695 college or career center or at a Florida public college or 696 career center located more than 50 miles from the injured 697 employee’s customary residence. 698 Section 13. This act shall take effect July 1, 2013.