Job Injury Medical Bills and the FCCPA
The Florida Consumer Protection Practices Act, which is in Chapter 501 of the Florida Statutes, is a consumer protection statute that plays a vital role in many workers’ compensation matters. Basically, the FCCPA prohibits supplemental job injury billing, a very common practice in the Tampa Bay area. More on that below.
In Florida, workers’ compensation medical providers are usually directly affiliated with employers or insurance companies. So, they care almost nothing about the legal and financial rights of job injury victims. A Tampa workers’ compensation lawyer, on the other hand, is fully committed to the rights of victims and their families. This commitment extends beyond the case itself, to collateral matters such as illegal medical debt collection.
FCCPA’s Purpose and Scope
Frequently, medical consumers are at the mercy of medical providers. For example, many providers require payment at the time services are rendered. So, the consumer must pay the bill, regardless of how unreasonably high it is.
To level the playing field, the FCCPA is basically the Federal Trade Commission Act on steroids. Florida’s primary debt collection regulation empowers the state to take action against businesses that engage in “unfair or deceptive acts or practices in the conduct of any trade or commerce.”
Additionally, unlike the federal version, the FCCPA includes a private right of action. A Tampa workers’ compensation lawyer can go to court on behalf of a victim and obtain actual damages, court costs, and attorney’s fees.
Moreover, Florida’s law is intentionally broad, encompassing a wide array of consumer-related transactions. It applies to various industries including retail, finance, health care, real estate, and telemarketing. Both goods and services are covered under the Act.
Key Provisions
For workers’ compensation purposes, the key provisions in the FCCPA are its prohibitions of deceptive practices and unfair trade practices.
Standard deceptive practices include misrepresenting the nature of goods or services, false advertising, bait-and-switch tactics, and failing to disclose important information that would affect a consumer’s purchasing decision. Standard unfair practices include price gouging during emergencies (as regulated under Section 501.160), fraudulent billing, and the sale of counterfeit goods.
The fraudulent billing prohibition may be the most important one for purposes of this post. Most medical providers have discounted payment agreements with most insurance companies. These agreements usually have exclusivity provisions.
For example, if an MRI costs $2,000, a workers’ compensation insurance company might pay $500. If the provider bills the job injury victim for the remaining balance, that bill is illegal under the FCCPA.
Enforcement and Remedies
Enforcement mechanisms under the FCCPA are robust. In addition to the aforementioned private right of action, the Florida Attorney General has the authority to investigate complaints, subpoena business records, and seek legal remedies against violators. Penalties can include civil fines, injunctive relief (such as stopping certain business practices), and consumer compensation.
Additionally, the Act encourages voluntary compliance by allowing businesses to enter into assurances of voluntary compliance. Therefore, almost all FCCPA cases settle out of court, and on victim-friendly terms.
Connect With a Hard-Working Hillsborough County Lawyer
Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. We routinely handle matters throughout the Sunshine State.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/0501.html
