12 Fla. L. Weekly Supp. 398b
Insurance — Personal injury protection — Discovery — Documents — Peer review reports and record of payments — Peer review physician is ordered to provide copies of redacted medical records review reports prepared at request of any scheduling or insurance company within past two years and list of payments for reports — Physician is entitled to reasonable copy and postage charges, but not to compensation for producing and copying documents
MARITZA BELVIS, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02-CC-2782-20-C-Z. December 30, 2004. Carmine M. Bravo, Judge. Counsel: Alexander Billias, Orlando, for Defendant. Evelyn L. Cranford, Cameron, Hodges, Coleman, Lapointe & Wright, P.A., Orlando. John Booth, Pensacola, for Shane VerVoort, M.D.
ORDER ON PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF PEER REVIEW REPORTS AND RECORDS OF ALL PAYMENTS FOR REPORTS FROMSHANE VERVOORT, M.D., PURSUANT TOFLORIDA STATUTES §627.736(7)(a)
This matter having come before the Court on October 21, 2004 on Plaintiff’s Motion to Compel Production of Peer Review Reports and Records of All Payments for Reports from Shane VerVoort, M.D., (certificate date May 30, 2003), the Court having reviewed the file, having heard argument of counsel and Shane VerVoort, M.D. and being fully advised in the premises:
FACTS AND PROCEDURAL HISTORY
1. This personal injury protection litigation involves Defendant’s denial of payment for diagnostic testing provided to Plaintiff, pursuant to a peer review conducted by Shane VerVoort, M.D.
2. On November 11, 2003, Shane VerVoort, M.D. was properly served with Plaintiff’s Subpoena Duces Tecum.
3. The deposition of Shane VerVoort, M.D. took place on February 10, 2004 at 10:00 a.m. (Central Time).
4. In paragraph “e” of her Subpoena Duces Tecum, Plaintiff specifically requested that Dr. VerVoort bring to his deposition “copies of all medical records review reports and addendums that you have dictated and/or prepared at the request of any medical records review scheduling company or insurance company in the past three (3) years, with the names of the patents/insureds redacted to protect patient confidentiality.”
5. At his deposition, Dr. VerVoort failed to produce copies of any prior medical records review reports and addendums, as specifically requested by Plaintiff’s Subpoena Duces Tecum.
6. In addition, at Dr. VerVoort’s deposition, counsel for Plaintiff requested that Dr. VerVoort produce all records of payments he received for conducting medical records reviews and preparing medical records review reports and addendums at the request of any medical records review scheduling company or insurance company in the past three (3) years.
7. Dr. VerVoort testified that he does not maintain a list of said payment records. Dr. VerVoort further testified that he would not compile a list of said payment records unless or until he was compensated for his time to do so by Plaintiff.
8. In addition, Dr. VerVoort also testified at his deposition that he would not produce copies of any prior medical records review reports and addendums, unless or until Plaintiff agreed to compensate Dr. VerVoort’s staff for compiling and redacting said reports.
9. As a result, Plaintiff filed its Motion to Compel Production of Peer Review Reports and Records of All Payments for Reports from Shane VerVoort, M.D.
LAW AND ANALYSIS
It is hereby ORDERED and ADJUDGED as follows:
10. Pursuant to Florida Statutes § 627.736(7)(a), Shane VerVoort, M.D. shall provide counsel for Plaintiff with copies of all medical records review reports and addendums that he has dictated and/or prepared at the request of any medical records review scheduling company or insurance company since October 1, 2003 with the names of the patients/insureds redacted to protect patient confidentiality.
11. Pursuant to Florida Statutes § 627.736(7)(a), Shane VerVoort, M.D. shall provide Plaintiff with a list of payments he received for conducting medical records reviews and preparing medical records review reports and addendums at the request of any medical records review scheduling company or insurance company since October 1, 2003.
12. Plaintiff shall pay Shane VerVoort, M.D. for all reasonable copy and postage charges for copies of all medical records review reports and addendums that Dr. VerVoort has dictated and/or prepared at the request of any medical records review scheduling company or insurance company since October 1, 2003 with the names of the patients/insureds redacted to protect patient confidentiality. Said copies may consist of two (2) copies of each medical records review report and addendum, based on the necessity of redacting said reports and addendums.
13. In addition, Plaintiff shall pay Shane VerVoort, M.D. for all reasonable copy and postage charges for the list of payments he received for conducting medical records reviews and preparing medical records review reports and addendums at the request of any medical records review scheduling company or insurance company since October 1, 2003.
14. However, Shane VerVoort, M.D. is not entitled to any compensation from the Plaintiff for the time he and his employees expend producing and copying the documents and preparing the list of payments in compliance with this Order.
15. Shane VerVoort, M.D. shall produce the documents to Plaintiff and fully comply with this Order within ninety (90) days of the date of this hearing.
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