Proposed Florida Insurance Consumer Advocate Advisory Group Would Consider Workers’ Compensation Issues; Comments Due January 8

In a letter to participants of a recent meeting on the proposed formation of a Florida Workers’ Compensation Advisory Board, Florida Insurance Consumer Advocate Sean Shaw announced today, December 24, 2009, that he has approved the preliminary formation of an Insurance Consumer Advocate Advisory Group (“ICA”) that would review workers’ compensation insurance issues and make recommendations.

However, prior to forming the ICA, Mr. Shaw is requesting written comments on the proposal by January 8, 2010.  Should you wish to contribute feedback on the ICA, please forward your comments to Jennifer Erdelyi at jerdelyi@cftlaw.com.

It is anticipated that the first ICA meeting will be held prior to the beginning of Florida’s 2010 Regular Legislative Session.

Mr. Shaw’s letter on the proposed formation of the ICA is reprinted below.

 

Should you have any questions, please contact Colodny Fass.

 

December 24, 2009

Sean Michael Shaw, Esq.
Insurance Consumer Advocate

Dear Participant,

Let me begin by thanking each one of you for attending the gathering in Orlando and for your enthusiastic interest in the discussion regarding the creation of a Workers’ Compensation Advisory Board.  After much consideration, my staff has proposed proceeding through the formation of an Insurance Consumer Advocate (ICA) Advisory Group.  I have approved their recommendations and wish to proceed with the formation of the group.  However, before proceeding I would like to give each of you an opportunity to submit, in writing, any comments or suggestions regarding the formation of the group.

The recommendations are as follows:

This advisory group will evaluate specifically identified issues and recommend the best course of action regarding these issues to the Insurance Consumer Advocate. The group will not be legislatively created nor sanctioned. All group members will be selected by the Insurance Consumer Advocate.

The group’s purpose will be to provide a structure for an organized discussion of workers’ compensation issues including potential areas of concern that may be addressed through proposed legislation or establishment of best practices.

The ICA Advisory Group would consist of a broad range of stakeholders, including representatives from:

• The Division of Workers’ Compensation; within the Department of Financial Services
• The Bureau of Rehabilitation and Reemployment within the Department of Education, Division of Vocational Rehabilitation;
• A county or municipal risk management office;
• The Florida Workers’ Advocate;
• The Florida Bar Workers’ Compensation section (plaintiff bar);
• The Florida Bar Workers’ Compensation section (defense bar);
• The National Council on Compensation Insurance;
• The workers’ compensation carrier with the greatest percentage of workers’ compensation business in the state;
• An employer that is self insured;
• The medical profession who is certified by the Division of Workers’ Compensation as an Expert Medical Advisor;
• The medical profession who is certified by the Division of Workers’ Compensation as a Licensed Health Care Provider;
• The International Association of Rehabilitative Professionals;
• The Workers’ Compensation Claims Professionals;
• The Risk and Insurance Management Society; and
• A qualified rehabilitation provider certified by the Division of Vocational Rehabilitation.

It is recommended that this group meet on a quarterly basis; participation is voluntary and must be self funded (travel costs will be borne by the participant or his company or organization).  The quarterly meetings will focus on selected topics after solicitation from the group members of the most relevant or pressing issues in need of attention.  The Insurance Consumer Advocate will select which of theses topics will be discussed by the advisory group.  Recognizing that the Division of Workers’ Compensation compiles a wealth of data regarding the workers’ compensation system, the Insurance Consumer Advocate will meet with the division representative prior to his selection of the quarterly topic to determine whether this issue is already being evaluated or monitored by the division and whether the division has data in its possession that would facilitate the effectiveness of any discussion.

At each meeting, time will be provided for public comment and subsequent to the meeting, the Insurance Consumer Advocate will meet with the relevant state agency representatives to determine the best course of action to affect the recommended changes ranging from preparation of a report, presentation to a committee or panel, drafting proposed legislation or working with industry groups to promote the identified best practices.

This method is recommended as it presents the fewest obstacles, and is the most efficient method by which to proceed.  This method also provides the most flexibility in the future for possible modifications to its composition and purpose should any be needed.  Finally, the advisory group also provides a “testing ground” to assess the viability and potential effectiveness of such a group without expending large sums of state dollars.

In order to continue our current momentum, I am requesting your written comments be submitted to me by January 8, 2010.  It is my intention to hold the first gathering of this advisory board prior to the beginning the 2010 Legislative Session.  Again, thank you for your interest in working to improve the workers’ compensation system for all Floridians.

Sincerely,

Sean Michael Shaw, Esq.
Insurance Consumer Advocate

 

 

 

 

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