11 Fla. L. Weekly Supp. 339a
Insurance — Personal injury protection — Discovery — Interrogatories — Motion to compel medical provider to provide better answers is granted as to facts relied on to support contention that each test was medically reasonable, necessary, and related; information regarding person performing each test; facts relied on to support contention that billed price was reasonable, and persons involved in determination of billing price — Production of documents — Medical provider must produce redacted sign-in sheets, promotional materials, documentation used to determine or support fees billed, list of prices and copies of fee schedules for CPT codes in controversy, and documentation regarding what is charged and accepted under other insurance programs and for non-insured individuals for CPT codes in controversy
THE CENTER FOR ORTHOPAEDIC INJURIES & DISORDERS, on behalf of Assaf Dory, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Small Claims Division. Case No. 03-000884-SC-SPC. January 30, 2004. Henry J. Andringa, Judge. Counsel: Michele C. Pittman. Angela M. Stone.
ORDER ON DEFENDANT’S AMENDED MOTION TO COMPEL BETTER AND/OR SUFFICIENT ANSWERS TO INTERROGATORIES AND RESPONSE TO REQUEST TO PRODUCE
THIS CAUSE, having come on before this Court on January 26, 2004, upon the Defendant’s Amended Motion to Compel Better And/Or Sufficient Answers to Interrogatories and Response to Request to Produce, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED that Defendant’s Amended Motion to Compel Better And/Or Sufficient Answers to Interrogatories and Response to Request to Produce is GRANTED IN PART and DENIED IN PART. Due to Plaintiff’s production of amended Sworn Answers to Interrogatories and Plaintiff’s Supplemental Response to Request for Production at the hearing on this matter on January 26, 2004, request numbers 10 (ten), 15, 20, 21, 25, 27, 33, and 35 are withdrawn from the Motion to Compel, and Interrogatories 2 (two), 11, 12, 13, 14, 16, 17, and 19 are withdrawn from the Motion to Compel. Defendant’s Motion is DENIED with respect to request number 5 (five) and request number 26.
Defendant’s motion is GRANTED as the following Interrogatories:
Interrogatory # 7: For each test performed on or administered to Assaf Dory, Plaintiff must state the facts relied upon to support the Plaintiff’s contention that the test was medically necessary for conditions related to the motor vehicle accident of June 2, 2001, and that the cost of the testing was reasonable.
Interrogatory # 8: For each test provided to Assaf Dory, Plaintiff must state the name of the person who actually performed or administered the test, their qualifications to perform said test, whether or not that person maintains any licensing to perform said test, the date and nature of the licensing, whether or not that person is board certified, and if so state the date and nature of any board certification.
Interrogatory # 9: For each service provided by Plaintiff to Assaf Dory where Defendant reduced Plaintiff’s bill for the service rendered, Plaintiff must state in detail the facts relied upon to support the contention that the billed price was reasonable, state the name and address of the person or entity who determined the price to bill for that service, and state the source(s) that the person consulted in arriving at the billing price for that service.
Defendant’s motion is GRANTED as to the following Requests:
Request #2: Plaintiff agrees to produce redacted sign-in sheets for the dates of service at issue in this case.
Request # 6: Plaintiff will produce promotional materials such as yellow-page advertisements and brochures to the extent that such materials exist.
Request # 13: Plaintiff shall produce any and all computer profiles, fees schedules, references sources or any other documentation used by Plaintiff to determine or support fees for services rendered to Assaf Dory.
Request # 16: Plaintiff shall provide a listing of all prices for services rendered for each CPT code used in Plaintiff’s practice that is the subject of Plaintiff’s cause of action, regardless of the person or entity billed, from one year prior to the accident through the date of Plaintiff’s response.
Request # 17: Plaintiff shall provide copies of any fee schedules used in Plaintiff’s practice, regardless of the person or entity billed, for each CPT code used in Plaintiff’s practice that is the subject of Plaintiff’s cause of action, from one year prior to the accident through the date of your response to Defendant’s Request to Produce.
Request # 19: Plaintiff shall produce redacted sign-in sheets for the dates of service at issue as agreed to in Request number 2.
Request # 23: Plaintiff shall produce copies of any documentation regarding what is charged, and accepted, under workers’ compensation, Medicaid/Medicare, private insurance HMOs, PPOs, and non-insured individuals, for the CPT codes claimed to be in controversy in this case.
Said answers and responsive documents shall be produced to Defendant within fifteen (15) days from the date of the hearing on this matter, held January 26, 2004.
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