What is a letter of protection?
A provider agrees to render treatment in exchange for a promise of payment from any judgment or settlement, rather than billing insurance or you directly.
The definition is functional. Florida law defines an LOP as any arrangement of that kind, regardless of what it's called. A provider can't avoid the rules by naming the agreement something else. If there's an agreement to treat and not bill your insurance, it's an LOP.
Why they exist. Someone without health insurance, or whose PIP is exhausted, needs an MRI and physical therapy now. An LOP makes that possible.
What Florida now requires. Before you can claim those medical expenses as damages, you must disclose the letter itself, all billings itemized and properly coded, whether the receivable was sold to a factoring company, and whether your attorney referred you to the provider.
That disclosure is a condition precedent. Fail it and you can lose the ability to claim those bills at all.
Keep every document. The disclosure requirements are strict and the penalty is losing the bills. ---
Talk to an Attorney — Free
An answer on a page isn't the same as advice about your case. Talk to an attorney who handles these matters on the Treasure Coast — free and confidential.
