12 Fla. L. Weekly Supp. 173a
Insurance — Personal injury protection — Claims — Disclosure and acknowledgment form — Medical provider that submitted copy of disclosure and acknowledgment form with initial bills substantially complied with statutory requirement, and insurer waived defense by not informing provider of need to submit original — Provider has substantially complied with requirement for provider’s signature on HCFA form
SOUTH FLORIDA PHYSICIANS GROUP (Francisco Huerta), Plaintiff, v. U.S. SECURITY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 04-8351 COCE (53). October 11, 2004. William Herring, Judge. Counsel: Wayne Kramer. John C. Borrego.
ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE was heard on Defendant’s Motion for Summary Judgment, and the Court being aware of the agreement of counsel and being otherwise informed, it is hereby, DENIED.
With regard to the issue of the original pre-suit disclosure and acknowledgment form accompanying the initial bills of treatment, this Court finds that Plaintiff substantially complied with Florida Statute 627.736(5)(e)5 when Plaintiff attached a copy of the disclosure and acknowledgment form and Defendant waived this defense for not informing Plaintiff of the need to submit the original.
As to the requirement of medical provider’s signature on the HICFA Form, this Court finds that Plaintiff has complied with the requisite requirements set out in Florida Statute 627.736(5)(d) and the requirements incorporated into this statute contained in Centers for Medicare and Medicaid Services 3057 Section 07-99 B 1 d (2).
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