Gov. DeSantis appoints Carlos Muniz to Supreme Court

January 22, 2019/in wctv.tv

Gov. DeSantis appoints Carlos Muniz to Supreme Court

By News Service of Florida | Posted: Tue 10:27 AM, Jan 22, 2019 | Updated: Tue 6:27 PM, Jan 22, 2019

TALLAHASSEE, Fla. (NSF) – In the final step in reshaping the Florida Supreme Court, Gov. Ron DeSantis on Tuesday named Carlos Muniz to the high court.

Muniz served as chief of staff to former Attorney General Pam Bondi, as a deputy general counsel to former Gov. Jeb Bush and recently has worked as general counsel for the U.S. Department of Education.

DeSantis has appointed three justices since taking office Jan. 8 in decisions that are expected to shift the court to the right. DeSantis earlier appointed South Florida appellate judges Barbara Lagoa and Robert J. Luck to the Supreme Court.

Lagoa, Luck and Muniz replaced longtime justices Barbara Pariente, R. Fred Lewis and Peggy Quince, who were required to step down this month because of a mandatory retirement age.

https://www.wctv.tv/content/news/Gov-DeSantis-appoints-Carlos-Muniz-to-Supreme-Court-504696301.html?jwsource=cl

No-fault insurer prevails in attempted class action over Medicare reimbursement

September 26, 2018/in Capitol News Service, CQ Roll Call, Daily Commerical, FlaNewsOnline, Florida Politics, Florida Trend, Florida Watchdog, Orlando Political Observer, Roundtable Politics, Tallahasssee Reports, wctv.tv

No-fault insurer prevails in attempted class action over Medicare reimbursement

Michael Moline – September 26, 2018

A state appeals court has rejected a class action filed by a Medicare Advantage organization seeking double reimbursements for its costs of providing care that should have been covered by a no-fault auto insurer.

In a unanimous ruling, the 3rd District Court of Appeal said such organizations would have to establish each claim separately against Ocean Harbor Casualty Insurance.

The court overruled Miami-Dade Circuit Judge Samantha Ruiz-Cohen, who had certified a class potentially including 37 Florida Medicare Advantage organizations, or MROs.

The lead plaintiff was an entity called MSPA, an assignee of the defunct MRO Florida Healthcare Plus Inc.

“Proof that certain medical bills paid by MSPA’s alleged assignor should have been paid by Ocean Harbor as a primary payer will not establish that other medical bills paid by a different MAO should also have been paid by Ocean Harbor as a primary payer,” Judge Thomas Logue wrote.

“To the contrary, proof to establish liability will necessarily devolve into a series of mini-trials under Florida no-fault law … which precludes a finding of predominance and renders this case inappropriate for class action treatment,” Logue wrote.

“Accordingly, we reverse the provisions of the certification order under review in conflict with this opinion.”

MAOs are private companies that contract with Medicare to provide coverage at a flat rate per enrollee. They profit to the degree they provide the required coverage for less than the flat rate.

The coverage is meant to be secondary to other, primary, coverage, including personal injury protection policies.

Miami plaintiffs’ attorney John Ruiz argued that he could establish the common claims necessary to sustain a class action using an algorithm that analyzes police reports of accidents and other records that Ocean Harbor must report under state and federal law.

He argued that Ocean Harbor’s obligation to pay was automatic once his client established that it had made payments reimbursable by the insurer.

The 3rd DCA disagreed.

“We reject the notion that MSPA claims reimbursement rights are not governed by Florida law relating to the recovery of benefits under a PIP policy, and are therefore automatic,” Logue wrote.

“Instead, MSPA must demonstrate that, in addition to any requirements of federal law, Ocean Harbor was required to make the payment in the first instance under Florida no-fault law for each reimbursement it claims.”

William Large, president of the tort-reformer Florida Justice Reform Institute, praised the outcome.

“The plaintiff has filed dozens of copycat cases against Florida insurers raising the same claims — this case was simply the first to reach the class certification stage,” Large said in a written statement.

“In certifying the class, the trial court failed to rigorously apply Florida’s class action certification requirements, which are necessary to protect defendants’ due process rights. The 3rd DCA recognized this overreach and ruled appropriately.”

http://floridapolitics.com/archives/275876-no-fault-insurer-prevails-in-attempted-class-action-over-medicare-reimbursement

Judicial Term Limits on the Move in State House

February 10, 2017/in wctv.tv

Judicial term limits on the move in state House

By Mike Vasilinda | Posted: Fri 9:25 PM, Feb 10, 2017

TALLAHASSEE, Fla. (WCTV) — Legislation to limit Supreme Court and appellate judges in Florida to two six year teams is moving forward in the state House.

It became a top priority of the Speaker after several adverse rulings from the Court.

The Supreme Court ruled twice against lawmakers in redistricting, overturned a death penalty sentencing law, and threw out caps on attorneys fees in workers comp cases all in the last 2 years.

Now key lawmakers are pushing a 12 year term limit on appellate judges.

Right now they face voters every six years, but no judge has ever lost.

Representative Jennifer Sullivan of Lake County is the sponsor.

“An accountability system that doesn’t hold people accountable is not truly an accountability system” says the second term lawmaker.

Warren Husband, representing The Florida Bar, told lawmakers Florida would be the only state to restrict judges terms if passed and approved by voters.

“Been on the ballot three times in three states. Been rejected by the voters in all three instances” says Husband.

Even William Large, who is President of the conservative, law suit fighting Florida Justice Reform Institute thinks term limits for judges is a bad idea.

“It would be very unlikely that the best and brightest lawyers would apply, because they would see that they would have to retire in 12 years” says Large.

State Rep. Sean Shaw’s father was a distinguished Supreme Court Justice.

“The courts are definitely under attack. When you’re attacking something that’s not broken, it’s unnecessary. The court system is working fine, just because you disagree with certain decisions, doesn’t mean that you just broad side attack on the court is appropriate,” says Shaw.

Many believe that attorneys in private practice would be reluctant to apply if there were term limits, and that would mean only government lawyers would apply to be judges.

And they are likely to be less skeptical of government.

In 2011, after other adverse rulings, a different House Speaker tried to split the supreme Court in two and pack more judges on the court. It cleared the House but never got a hearing in the Senate.

http://www.wctv.tv/content/news/Judicial-term-limits-on-the-move–413466393.html

Workers Comp Rates to Increase, but By How Much?

August 17, 2016/in wctv.tv

Workers comp rates to increase, but by how much?

Potential 20 percent increase for Florida businesses
By Mike Vasilinda
Posted: 6:17 PM, August 16, 2016

TALLAHASSEE, Fla. – The Florida Supreme Court declared the state’s scheme for handling injured workers unconstitutional in three cases earlier this year, one of them involving the city of St. Petersburg.

The result is a potential 20 percent increase in workers’ comp insurance for Florida businesses.

In 2003, Florida has some of the highest rates for the insurance business buy to protect injured workers. Changes that year cut the cost by 60 percent.

But in three cases earlier this year, the Florida Supreme Court found the savings came at the expense of injured workers.

“It found unconstitutional 4.40 related to attorney’s fees,” Lori Lovgren, of the National Council on Compensation Insurance.

A hearing on what to do next brought out every major industry in the state. Most said the ruling hurts business.

“It advantages trial lawyers and disadvantages injured workers,” Florida Chamber President Mark Wilson said.

A state-sanctioned, industry-run commission is recommending a 19.6 percent increase.

“We’re here today because the law says rates can’t be inadequate,” Lovgren said.

But an expert hired by a pro-business, anti-lawyer group said the rates need to increase at least 35 percent to be legal, but if they do, consequences will be dire.

“The demand for employees will be dampened because the costs, employers cost of doing business will be higher,” said Dr. Michael Helvacian, Ph.D., of the Florida Justice Reform Institute.

The higher the rate hike after this courts ruling, the more likely big business can force the legislature to do something.

Many on both sides believe the rate hike is the beginning of what will be the biggest issue for lawmakers next spring.

“What we want is for the system to provide medical care and decent benefits for workers at the time of their injury when this happens,” said Rich Templin, FL AFL-CIO.

The council is recommending higher rates for everyone as early as October.

Higher rates would apply to not only new, but existing policies. The decision is the first major one by the state’s new Insurance Commissioner.

https://www.news4jax.com/news/florida/workers-comp-rates-to-increase-but-by-how-much

No-fault insurer prevails in attempted class action over Medicare reimbursement

Judicial term limits on the move in state House

Florida Justice Reform Institute

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