10 Fla. L. Weekly Supp. 262b
Insurance — Personal injury protection — Discovery — Motion to compel insurer to provide better answers to interrogatories and requests for production relating to database used to determine reasonableness of charges is granted
GARY H. DIBLASIO, M.D., P.A. (BETTY JOHNSON), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. SS-02-019936-RD. February 12, 2003. Charles Burton, Judge. Counsel: Glenn E. Siegel, Kane & Kane, P.A., Boca Raton. Joseph Murasko, North Palm Beach.Order Granting Plaintiff’s Motion to Compel BetterAnswers to Plaintiff’s Supplemental Requests forProduction and Supplemental Interrogatories
This action was heard on February 6, 2003 on Plaintiff’s Motion to Compel Better Answers to Plaintiff’s Supplemental Requests for Production and Supplemental Interrogatories. This Court, having been duly advised in the premises, finds as follows:
1. Plaintiff requested the Defendant to provide responses to the following interrogatories:
(1) Identify the databases, software and or computer programs used to determine the reasonableness of the charges submitted by the Plaintiff. Please include:
a. The name and address of the person(s) who, and or company that established each database.
b. The name and address of the person(s) who, and or company that sold and/or supplied the software for each database.
c. The name and address of the person(s) with the most knowledge of the information contained within each database.
(2) For each database, software and/or computer program referenced in Plaintiffs Supplemental Interrogatory number 1, identify all elements that are considered in determining the reasonableness of the charges submitted by the Plaintiff for each and every claim you reduced, denied or recorded identifying which database such elements pertain to.
(3) For each database, software and/or computer program referenced in Plaintiffs Supplemental Interrogatory number 1, identify why and for what purpose the Defendant uses each database, software and/or computer database; and
(4) Describe the relationship the Defendant has with the company that sold or supplied the database, software and/or computer program utilized to review, reduce or deny medical bills in this case, and provide a description and exact location of any contracts, writings, memos, reports, records, notes or other documentation pertaining to said relationship.
As the Defendant already provided responses to the aforementioned Supplemental Interrogatories in the case styled, Gary H. DiBlasio, M.D., P.A. (Michael Larrabee) v. Progressive Express Insurance Company, Case No. SS-02-019936-RD, 15th Jud. Cir., Palm Beach Cty., the Defendant shall provide responses to the aforementioned Supplemental Interrogatories in this case.
2. In Plaintiff’s Supplemental Interrogatory number 6, Plaintiff requested the Defendant to list the names of all documents in the Defendant’s possession that provide technical information on the installation, maintenance and operation of the database, software and/or computer program referenced above. Defendant shall provide a response to this request to the extent that Plaintiff is entitled to discover information pertaining to the Defendant’s maintenance and updating of the database, software and/or computer program used to determine the reasonableness of the charges submitted by the Plaintiff.
3. In Plaintiff’s Supplemental Request for Production number 2, the Plaintiff requested the Defendant to produce any and all documents that indicate the total amount of money paid by the Defendant in the past three years to the company who sold any computer program utilized, directly or indirectly, to review, reduce or deny any medical bills in this case Defendant, which already provided the amount. Defendant, which already provided a response regarding how much it has paid in the year 2001, shall also provide how much it paid in the year 2002, but is not required to provide all invoices and receipts in response to this request.
4. IT IS HEREBY ORDERED AND ADJUDGED that if the Defendant intends to rely upon any such database, software or computer program in determining the reasonableness of the charges submitted by the Plaintiff in this case, the Defendant must produce such information, data, and/or documents upon which it relied; or otherwise, Defendant shall be prohibited from relying upon or referring to such information, data and/or documents in any manner in its defense of this case.
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