11 Fla. L. Weekly Supp. 237c
Insurance — Personal injury protection — Discovery — Documents — Trade secrets — Contracts between insurer and interested third party are not protected trade secrets, and insurer is ordered to produce copies of all such contracts or agreements, and correspondence related thereto, and any documentation of amounts paid to third party in last three years — Insurer shall also produce any documents which indicate that amount billed by provider exceeded usual, customary, and reasonable amount for such service in region — Interrogatories — Insurer shall respond to interrogatories regarding whether it has paid other medical providers in region higher amount for same treatment for which insurer paid plaintiff provider reduced amount, schedule utilized in making decision to pay reduced amount, names of medical providers billing at rates insurer has elected to pay and those paid higher amount, exact methodology used to determine that amount allowed is based on provider charges within region, and formula or criteria used to determine amount allowed
OCALA CHIROPRACTIC CLINIC, PA, as Assignee of HENRY ROSENZWEIG, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 5th Judicial Circuit in and for Marion County. Case No. 03-2768-SC. January 23, 2004. Frances S. King, Judge. Counsel: Steven G. Rogers, Ocala, for Plaintiff. Brad Killinger, Ocala, for Defendant. Raquel Miles, Orlando, for Mitchell Medical.
ORDER ON PLAINTIFF’S SECOND MOTION TO COMPEL; DEFENDANT’S MOTION FOR STAY AND REHEARING; AND INTERESTED THIRD PARTY, MITCHELL MEDICAL’S, MOTION TO INTERVENE TO ASSERT THE PRIVILEGE OF TRADE SECRET AND FOR PROTECTIVE ORDER, AND MOTION FOR STAY AND REHEARING
THIS CAUSE, having come before the Court to be heard, and the Court having considered the same, having heard arguments from counsel for the Plaintiff, the Defendant, and interested third party Mitchell Medical, the Court does hereby find as follows:
1. The Plaintiff’s Second Motion to Compel is GRANTED.
2. The Defendant’s Motion for Stay and Rehearing is DENIED.
3. Mitchell Medical’s Motion to Intervene to Assert the Privilege of Trade Secret and for Protective Order is hereby DENIED. The Court finds any contract(s) and/or agreement(s) between the Defendant and Mitchell Medical are not a protected trade secret.
4. Mitchell Medical’s Motion for Rehearing is DENIED.
5. The Court reaffirms its Order Granting Plaintiff’s Motion to Compel Discovery dated October 21, 2003, as follows:
Within ten (10) days from the date of this Order, the Defendant shall produce the following:
a. Copies of all contracts or agreements, and correspondence related thereto, between the Defendant and Mitchell Medical and/or Mitchell International, Inc.
b. Any/all documentation regarding the amount of compensation paid by the Defendant to Mitchell Medical and/or Mitchell International, Inc., for the previous three (3) years.
Within ten (10) days from the date of this Order, the Defendant shall respond to the Plaintiff’s interrogatories numbered thirteen (#13) and fourteen (#14) which state as follows:
a. If you have failed to tender the full payment for the medical bills submitted for treatment rendered by the Plaintiff to the insured, please state the scale or schedule of reasonable billing amounts utilized by you in making this decision, and further indicate a complete list of all medical providers in Marion County, Florida, who are currently billing at the rate(s) you have elected to pay.
b. If you have tendered a reduced payment for the medical bills that were submitted for treatment rendered by the Plaintiff, please state whether, in the past three (3) years, you have ever paid any other medical provider in the same geographical region as the Plaintiff (ie: Marion County, Florida), a higher amount than that paid for the same treatment or procedure as referenced in the CPT codes on the Plaintiff’s medical bills and, if so, for each such instance state: the name and business address of the other medical provider(s) performed, then amount(s) paid by you, and your explanation why a higher amount was paid to the other providers.
6. The Plaintiff’s Motion to Compel related to its Second Request for Production is GRANTED. Within twenty (20) days from the dated of this Order, the Defendant shall produce the following:
a. Any and all documents in the possession of the Defendant which indicate or tend to prove that the amount billed by the Plaintiff for health care services rendered exceeded the usual, customary, and reasonable amount for such services within the geographic region in which the services were rendered.
7. The Plaintiff’s Motion to Compel related to the Plaintiff’s Supplemental Interrogatories is GRANTED. Within twenty (20) days from the dated of this Order, the Defendant shall answer the following interrogatories served by the Plaintiff:
a. With respect to the medical bills submitted by the Plaintiff for payment, please describe the exact methodology used by the Defendant to determine that the “amount allowed is based upon provider charges within the provider’s geographic region.”
b. With respect to the medical bills submitted by the Plaintiff for payment, please specify the exact formula or criteria used to determine the “amount allowed” as indicated on the Defendant’s Explanation of Reimbursement.
8. The Court reserves jurisdiction to award the Plaintiff’s Attorney’s Fees and Costs as authorized by Florida Rules of Civil Procedure 1.380 & (2003).
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