Florida Senate Bill 362 (SB 362) represents a sizable shift in the state’s workers’ compensation law, aiming to improve access to medical care for injured workers. This bill, enacted in June of 2024, introduced changes affecting reimbursement rates for medical services and fees for expert witnesses.
Legislative Journey
Senate Bill 362, introduced in the Senate by State Senator Jennifer Bradley (R), was referred to several committees, including the Senate Committee on Banking and Insurance, the Appropriations Subcommittee on Health and Human Services, and the Appropriations Committee. It passed the Senate in February of 2024. In the House, the bill went through similar committees and was officially passed on March 6th, after expanding its scope. Shortly after being presented to the Governor, the bill was enacted and will take effect on January 1, 2025.
Key Provisions
Senate Bill 362’s stated purpose is to improve access to medical care for injured workers by increasing reimbursement rates for providers and bolstering expert witness fees. The bill increases the maximum reimbursement allowances for physicians from 110% to 200% of Medicare and for surgical procedures from 140% to 200% of Medicare. The bill also raises the limits on fees that can be charged by expert witnesses, increasing the hourly rate from $200 to $300 and the daily rate from $200 to $300. The implementation of SB 362 is estimated to result in a 7.3% increase in overall workers’ compensation system costs, amounting to approximately $286 million.
Support and Opposition
Like any bill, SB 362 sparked debate among various groups. Supporters, including medical associations and workers’ advocacy groups, argued that higher reimbursement rates would improve access to care for injured workers and enhance the quality of expert testimony in workers’ compensation cases. On the other hand, business and employer groups, along with insurance companies, opposed the bill, contending that these higher rates and fees would lead to increased workers’ compensation insurance premiums and overall system costs, potentially burdening businesses financially.
Justyn Needel, Legislative Specialist at Injured Workers Pharmacy
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