11 Fla. L. Weekly Supp. 1031a
Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Plaintiff which provided “professional component” of MRI, the “technical component” of which was provided exclusively by a board-certified radiologist who had his own practice, did not provide any “medical service” that could give rise to valid billing under section 627.736 — Neither corporate plaintiff nor corporation’s owner is entitled to recover from insurer
RADIOLOGY B & SERVICES, INC., (Xiomara Santana), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 03-7528 COCE 49. August 4, 2004. Kathleen Ireland, Judge. Counsel: Nina Dubey, Bernstein, Chackman & Liss. Steven Lander.
ORDER ON DEFENDANT PROGRESSIVE EXPRESS INSURANCE COMPANY’S MOTION FOR FINAL SUMMARY JUDGMENT INFINAL JUDGMENT IN FAVOR OF DEFENDANT PROGRESSIVE EXPRESS INSURANCE COMPANY
THIS CAUSE having come on before the Court, upon proper notice, on June 16, 2003, on the motion of Defendant Progressive Express Insurance Company for Final Summary Judgment, and the Court having entertained all argument, having reviewed the Court file, having reviewed applicable legal authority, herein
ORDERS and ADJUDGES as follows:
1. Defendant Progressive Express Insurance Company has moved the Court for the entry of Final Summary Judgment against Plaintiff Radiology B & Services, Inc., in relation to certain medical treatment it claims to have rendered to the Defendant’s insured, Xiomara Santana. Specifically, based upon the undisputed issues of fact, Xiomara Santana claims to have been injured in a motor vehicle accident occurring in Broward County, Florida on January 7, 2003. Upon the referral of a treating chiropractor, Xiomara Santana underwent MRI scanning of the lumbar spine on March 20, 2003. The technical component of this test was accomplished by non-party, Florida MRI, a corporation in Tamarac, Florida. The “professional component”, of this test was billed for by the Plaintiff provider, Radiology B & Services, Inc., and presented to the Defendant for payment.
2. The Defendant has moved the Court for Summary Judgment, requesting that the Court enter Final Judgment in its favor, on the grounds that the Plaintiff “provider”, does not qualify as a “physician, hospital, clinic, or other person or institution lawfully rendering treatment”, for purposes of collecting PIP benefits pursuant to F.S. §627.736(5)(a). Rather, the Defendant has argued that the Plaintiff corporation, is not the provider of the “services” represented in its billing, and as a result thereof, cannot validly claim personal injury protection benefits, under Medical Management Group of Orlando, Inc. v. State Farm Mutual Automobile Insurance Company, 811 So. 2d 705 (Fla. 5th DCA 2002) and Federated National Insurance Company v. Physicians Charter Services, 780 So. 2d 403(Fla. 3rd DCA 2001). See also F.S. §817.505 generally and F.S. §458.331 generally.
3. In the instant action, the Plaintiff is a corporation wholly owned by Joseph Kassdikian.
4. The Court finds that as a matter of law Mr. Kassdikian, and his company, as it pertains to the MRI interpretative services rendered to the Defendant’s insured, cannot be deemed a “provider”, of the medical service in question.
5. The undisputed record evidence confirms that Mr. Kassdikian and/or his corporation, did not provide any “medical service”, that could give rise to valid billing under F.S. §627.736.
6. The Plaintiff corporation essentially billed the Defendant for services that were provided exclusively by Dr. Roberto Rivera, M.D., a board certified radiologist, who has his own practice, and is an independent contractor vis a vis the named Plaintiff. See Cantor v. Cochran, 184 So. 2d 173 (Fla. 1966).
7. Since the services billed for by the Plaintiff provider are only for the “professional component” of the MRI, only Dr. Rivera himself, or through an employer (not Plaintiff), could validly the bill for such services under the no-fault act.
8. As a result of the foregoing, Final Summary Judgment is entered in favor of the Defendant Progressive Express Insurance Company and against Plaintiff Radiology B & Services, Inc.
9. Plaintiff Radiology B & Services, Inc. shall take nothing by this action, and Defendant Progressive Express Insurance Company shall go hence without day.
10. The court reserves jurisdiction to tax attorney’s fees and costs, if appropriate, upon proper motion and showing.
* * *
