The 2017 Session is underway with legislation being filed, committees being staffed and legislative members appointed.  In the Senate we have already begun introductory committee meetings and the following issues may have some import to the licensed massage therapist:

Workers Comp:  Following a series of Florida Supreme Court rulings this year the primary one of legislative importance, Castellanos v. Next Door Company, et al., which held unconstitutional a law limiting recovery of attorneys' fees to a narrow sliding scale formula.  The fee recoverable by the claimant's attorney in that case would have totaled only $164.54 for 107.2 hours of legal work he performed (or $1.53 per hour). Because the Court overturned this part and others of the workers compensation law, the National Council on Compensation Insurance immediately asked for a 19% increase in workers compensation premiums.  The office of Insurance Regulation approved a 14.5% increase (this increase is also being litigated).  However members of both the Florida House and Senate have expressed concern over the way the worker's compensation system is working and the Senate has already had its first committee hearing on this issue.  Under consideration for change is:  Control of rates and rate making in the sunshine, choice of medical provider, available benefit gap, and reasonable attorney fees.

PIP: Senate Bill 156 by Senator Brandes has already been filed that repeals the present PIP statute effective January 2, 2019 with no replacement.  It is also been discussed that there may be a mandatory bodily Injury bill filed in the Senate and House.   Discussion centers on $30,000/60,000 with a very limited $5,000 medical emergency room coverage.

Implementation of Florida Constitutional amendment 2-use of Marijuana for Debilitating Medical Conditions:  The first workshop was held on the implementation of Amendment 2 with heavy emphasis on the use of marijuana as medicine, within in a small defined medical profession able to participate.  All persons wanting to obtain medical marijuana must obtain a "physician certification" This means only physicians (which is defined as a person who is licensed to practice medicine in Florida) may provide a certification. The certification means a written document signed by a physician stating that in the physician's professional opinion, the patient suffers from a debilitating medical condition and that the medical use of marijuana would likely outweigh the potential health risks for the patient. It is still unclear how, if at all, others in the medical professions will interact with this new amendment.

That is a quick update on what is presently happening in the legislature.  Let me or Stephanie know if you have any questions or concerns.

 

Sincerely,