12 Fla. L. Weekly Supp. 102b
Insurance — Personal injury protection — Coverage — Magnetic resonance imaging — Charges for MRI are subject to statutory fee schedule irrespective of amount of charge on HCFA form — Insurer’s motion for summary judgment denied
GOLDEN GLADES OPEN MRI AND IMAGING CENTER, LC d/b/a FOUNTAIN IMAGING a/a/o MONIQUE WILLIAMS, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 03-17299 COCE 56. October 21, 2004. Linda R. Pratt, Judge. Counsel: Marc Finkelstein, Law Offices of Marc Finkelstein, Plantation. Darrell T. King.
ORDER DENYING DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE came before the Court on September 30th, 2004 to hear the Defendant’s Motion for Summary Judgment. Upon consideration of the record, it is
ORDERED AND ADJUDGED as follows:
1. The relevant facts concerning the subject matter of Defendant’s Motion for Summary Judgment are essentially undisputed:
(1) Insured, MONIQUE WILLIAMS, entered into an insurance contact with UNITED AUTOMOBILE INSURANCE COMPANY prior to November 15th, 2002.
(2) On or about November 15th, 2002, Ms. Williams was involved in an automobile accident.
(3) As a result of the accident, Ms. Williams sought medical treatment and as a result of said medical treatment, was prescribed an MRI scan.
(4) On or about January 22nd , 2003, the Defendant received a medical bill from the Plaintiff in the amount of $1,500.00 for an MRI scan which took place on the same date.
2. The Court finds the Plaintiff’s charges, as a matter of law, are subject to the fee schedule set forth in §627.736(5)(b)(5), Florida Statutes, irrespective of the $1,500.00 charge that appears on the HCFA form sent by Plaintiff and received by Defendant, and according the Court denies the Defendant’s Motion for Summary Judgment.
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