12 Fla. L. Weekly Supp. 670b
Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Fee schedule — Insurer which paid medical provider’s bill for MRI provided in 2002 at 175% of allowable amount under Medicare Part B has complied with statute, and provider is not entitled to adjustment to Medical Consumer Price Index for Florida that has never existed or adjustment based on Consumer Price Index for South region reflected in 2003 statutory amendment
ALTAMONTE SPRINGS IMAGING, L.C., as assignee of Sheila Dubose, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 48-2003-SC-004926. April 21, 2005. Antoinette Plogstedt, Judge. Counsel: Richard Truitt, Bogin Munns & Munns, Orlando, for Plaintiff. Sandra Kotur, Adams, Blackwell & Diaco, Orlando, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY FINAL JUDGMENT
THIS CAUSE having come before the Court on April 13, 2005 on Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY’s, Motion for Summary Final Judgment and Supporting Memorandum of Law, and this Court having heard argument of counsel, and reviewed the applicable case law and evidence, and being otherwise duly advised in the premises, it is
HEREBY ORDERED AND ADJUDGED, as follows:
The Defendant’s Motion for Summary Final Judgment is GRANTED. The Court further finds as follows:
1. The Defendant has complied with Section 627.736(5)(b)(5), Florida Statutes (2001) by timely paying Plaintiff’s bill for date of service November 4, 2002, at 175% of the allowable amount under Medicare Part B for year 2001. Plaintiff contends that the amount paid by Defendant was not adjusted to the Medical Consumer Price Index (CPI) for Florida, as required under this provision; however, the Court rejects said argument.
2. The parties agree that the afore-mentioned CPI has never existed. However, Plaintiff seeks an adjustment based upon the Consumer Price Index adjustment identified by the Bureau of Labor Statistics for the South region, as reflected in the 2003 statutory amendment. This argument places the Defendant in the impossible position of determining the appropriate Consumer Price Index (CPI) to be applied to the services at issue.
3. PLAINTIFF, ALTAMONTE SPRINGS IMAGING, L.C., as assignee of Sheila Dubose, shall take nothing from its Complaint and that Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY shall go hence without day.
4. This Court retains jurisdiction to tax costs and attorney’s fees.
* * *
