13 Fla. L. Weekly Supp. 351a
Insurance — Personal injury protection — Discovery — Documents — Insurer is required to produce procedure reports for charges, or underlying data for procedure report, and charge distribution graphs and fee verification report for CPT code at issue
ADVANCED HEALTH CARE GROUP, INC., as assignee of LEAH HAVILL, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2005-SC-005931-0. December 19, 2005. Leon B. Cheek, Judge. Counsel: Roy J. Smith, IV, Weiss Legal Group, P.A., Maitland; Glen Klausman, Jacobs & Goodman, P.A., Altamonte Springs, for Plaintiff. Kim Daniels, Orlando, for Defendant.
QUASHED at 15 Fla. L. Weekly Supp. 116a
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL BETTER RESPONSES TO SECOND REQUEST TO PRODUCE
This matter having come to be heard by the Court on “Plaintiff’s Motion to Compel Better Responses to Second Request to Produce” and after reviewing the pleadings, the Court file, and after hearing oral argument from counsel, this Court hereby finds as follows:
1. This is an action brought by Plaintiff, Advanced Health Care Group, Inc. as the assignee of Leah Havill for payment of services provided to Leah Havill on January 22, 2004.
2. [Editor’s note: Omitted by Judge.]
3. On July 7, 2005, Plaintiff sent its “Second Request to Produce” requesting the following documents:
a. All documents referred to by Defendant at previous depositions as “silver” reports [sic, the proper name for the reports according to the parties is “sliver” reports] for CPT codes 99204, 99203, and 97140 and the cover sheet(s) that accompany the silver report showing the “usual customary and reasonable” rates by month for CPT codes 99204, 99203, and 97140 for the years 2003 and 2004. **See Northup v. Herbert W. Acken, M.D., P.A., 865 So.2d 1267 (Fla. 2004).
b. All “Procedure Reports” showing all charges for the years of 2003 for CPT codes 99204, 99203, and 97140 for all zip codes beginning with these three digits: 347.
c. All “Procedure Reports” showing all charges for the years of 2004 for CPT codes 99204, 99203, and 97140 for all zip codes beginning with these three digits: 347.
d. Any and all listings or summaries Defendant has in its possession or control or is able to produce from Progressive’s computer system showing all charges it received for the years of 2003 and 2004 for CPT codes 99204, 99203, and 97140 for zip codes beginning with these three digits: 347.
e. The charge distribution graphs for CPT codes 99204, 99203 for date of service of January 21, 2004 for zip code 34741.
g. The charge distribution graphs for CPT code 97140 for date of service of January 22, 2004 for zip code 34741.
4. Defendant responded to these requests on August 12, 2005, by raising various objections.
5. On September 27, 2005, Plaintiff filed “Plaintiff’s Motion to Compel Better Responses to Second Request to Produce.”
6. At the hearing on this motion, Plaintiff withdrew the above requests as they pertained to CPT codes 99204 and 99203 and requested Defendant be compelled to respond to the above Requests for Production as to CPT code 97140.
IT IS HEREBY ORDERED AND ADJUDGED:
a. Plaintiff’s Motion to Compel is GRANTED and Defendant’s objections are overruled as follows:
b. The Defendant shall provide the plaintiff with the procedure report for six months before January 22, 2004 and six months after January 22, 2004, for charges for CPT code 97140, for zip codes beginning with the following three digits: 347. Alternatively, the Defendant may provide the underlying data that would comprise the aforesaid procedure report. The procedure report or the underlying data shall be disclosed to the Plaintiff by December 15, 2005.
c. Defendant shall provide to Plaintiff, on or before December 15, 2005, the charge distribution graphs and fee verification report, also called a “sliver report,” for CPT code 97140 for date of service of January 22, 2004 for zip code 34741.
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