KEL Attorneys: Massage Therapists Want the Right to Bill Personal Injury Insurance

PHILADELPHIA, PA, January 10, 2013

A Massage Today article recently outlined a unique case massage therapists are bringing against the state of Florida. KEL Attorneys took note and of lawsuit and offered an explanation.

According to the article, a constitutional attorney has filed a lawsuit against the Commissioner of the Florida Office of Insurance Regulation on behalf of massage therapists backing the fight. The suit challenges eight key points including due process of law.

KEL Attorneys commented, "This lawsuit is based upon the recently enacted changes to Florida's PIP, or "no-fault", auto insurance statute. The legislature passed, and Governor Rick Scott signed into law, quite radical changes to the PIP statute. One of the primary changes is that massage therapy is no longer compensable under PIP insurance policies.

Acupuncture treatment was also removed as a compensable method of treatment, and chiropractic care has been significantly curtailed as well. In the past, PIP policy limits were $10,000 and available to pay for all of these types of treatment, up to the policy limit. Now chiropractic care can be limited to as little as $2,500."

Given these changes, massage therapists are legitimately concerned for their right to receive compensation for services provided to accident victims. The article noted a statement from the filing attorney that indicated the law violates the constitution because the state does not have the power to choose health care providers.

KEL Attorneys agrees with the challenges brought forth in the lawsuit. In their statement they
noted, "In addition to the eight points of challenge stated in the article, we believe that the statute's current form is unconstitutional for a number of reasons, most notable in our opinion that the statute unreasonably interferes with the constitutional right to contract protected by the U.S. and Florida state Constitutions. We here at KEL agree with the intent of the massage therapist lawsuit. We may also pursue similar litigation on behalf of our clients."

The article reported the Florida State Massage Therapy Association (FSMTA) has also commented on the lawsuit. Though not directly affiliated with the litigation, the article noted the
FSMTA supports the massage therapists in this endeavor.

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KEL Attorneys has served the diverse legal needs of individual clients, families and business owners since 1999. A team of over 200 legal professionals is committed to seeing clients through every stage of the legal process. Qualified, knowledgeable and experienced attorneys are available to counsel clients in nearly every area of the law. Headquartered in Florida, the law firm serves clients in 19 states across the country. KEL Attorneys strives to bring positive change to the lives of their clients.