12 Fla. L. Weekly Supp. 80a
Insurance — Personal injury protection — Discovery — Depositions — Insurer is entitled to take deposition of treating physician — Provider must produce documents utilized in setting charges for services rendered for one year prior to and one year following last date of service, contracts with producer of computer program used to establish charges or fee schedules, and materials related to computer program
ST. GERMAIN CHIROPRACTIC, P.A., a/a/o Jose W. Lopez, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. SCO-03-995. August 24, 2004. Leon B. Cheek, III, Judge. Counsel: Juan C. Gautier, Orlando, for Plaintiff. Stacey R. Morris, Kingsford & Rock, P.A., Maitland, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR PROTECTIVE ORDER
THIS CAUSE, having come before the Honorable Leon B. Cheek, III, upon Plaintiff’s Motion for Protective Order, and the Court having considered the record, heard argument of counsel, and being otherwise duly advised on the premises, it is hereby
AGREED, ORDERED AND ADJUDGED as follows:
1. Plaintiff’s Motion for Protective Order is hereby DENIED. Progressive is entitled to take the deposition of Patrick St. Germain, D.C.
2. Plaintiff’s objections to the production of the documents requested in duces tecum request nos. 6 and 7 are hereby SUSTAINED.
3. Plaintiff’s objection to the production of the documents requested in duces tecum request no. 5 is hereby SUSTAINED in part and OVERRULED in part. Plaintiff shall produce the following:
All documents, reports, surveys, databases, writings, memoranda, Business Plans, and any other material which St. Germain Chiropractic, P.A. utilizes in setting charges for services rendered for the time period including 12 months prior to the first date of service provided to the patient referenced above and 12 months following the last date of service to the patient referenced above.
4. Plaintiff’s objections to production of the documents requested in duces tecum request nos. 11, 13, 14, 15, 16, 17, and 18 are hereby OVERRULED. Plaintiff will produce the following documents to the extent the documents are in Plaintiff’s possession:
a. Any and all contracts between St. Germain Chiropractic, P.A. and Eon Systems, Inc.
b. Any and all contracts between Patrick St. Germain, D.C. and Eon Systems, Inc.
c. Any and all material relating in any way to the advertising promotion provided by Eon Systems, Inc. to St. Germain Chiropractic for computer programs or software used to establish charges, billings or fee schedules for services provided by St. Germain.
d. Any and all material relating in any way to the advertising promotion provided by Eon Systems, Inc. to Patrick St. Germain, D.C. for computer programs or software used to establish charges, billings or fee schedules for services provided by St. Germain.
e. Any and all Eon technical manuals, statistical information or other data that explains the use of any computer billing software or billing program utilized to establish billing charges for services provided by St. Germain Chiropractic.
f. Any and all Eon Corporation technical manuals, statistical information or other data that explains the use of any computer billing software or billing program utilized to establish billing charges for services provided by Patrick St. Germain, D.C.
g. Any and all Eon technical manuals, statistical information or other data that explains the methods and procedures employed in entry of data and manipulation of data.
5. Plaintiff’s objection to the production of the documents requested in duces tecum request no. 19 is hereby SUSTAINED.
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