PIP Law – The “Emergency Medical Condition” Requirement and Ban on Benefits for Licensed Acupuncture and Massage Therapist Services Found Unconstitutional

On March 18, the Second Circuit granted a temporary injunction on sections of the 2012 PIP Act that require an “emergency medical condition” for injured persons who seek medical care within 14 days of an accident to be covered, and that prohibit PIP benefits for healthcare services by licensed massage therapists and licensed acupuncturists.
The motion for temporary injunction was filed by chiropractors, massage therapists and acupuncturists who challenged the constitutionality of the PIP Act. The court found the plaintiffs were denied access to courts, a violation of Art. 1 Sect. 21 of the Florida Constitution. The revised law “severely limits what can be recovered,” and is not a “reasonable alternative” to the right of redress or access to courts guaranteed to Florida citizens.
Click here to see what the Orlando Sentinel has to say about this.
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