13 Fla. L. Weekly Supp. 906c
Insurance — Personal injury protection — Discovery — Documents — Peer review reports and payments — Insurer’s expert witness is required to produce all medical records review reports prepared in last three years and records of payments for reports
CENTER FOR ORTHOPEDIC SURGERY AND SPORTS MEDICINE (Elizabeth Maldonado) Plaintiff(s), vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant(s). County Court, 15th Judicial Circuit in and for Palm Beach County, Civil Division RE. Case No. 502002CC015641. October 21, 2005. Susan Lubitz, Judge. Counsel: Denise J. Bleau, Boca Raton. Gary Alex Russo, McAfee & Russo. Blake Crane, West Palm Beach. Tammy B. Denbo, Tampa.
ORDER
THIS CASE came before the court for hearing on the Motion For Protective Order filed by counsel for Orthopedic Center and Michael Ziede, M.D.FACTS
Dr. Ziede is an expert witness for Defendant Progressive Express Insurance Company. Plaintiff’s counsel issued a subpoena duces tecum to the Medical Records Custodian for the Orthopedic Center and/or for Michael Ziede, M.D. to obtain medical records and reports prepared by Dr. Zeide and payments to Dr. Zeide. Counsel for the Orthopedic Center and Dr. Michael Ziede object to providing the medical records and financial information requested in paragraphs 7 & 8 of the subpoena duces tecum.
Paragraph 7 of the subpoena requires the Records Custodian or Dr. Zeide to “PROVIDE 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, DEFENSE LAW FIRMS OR INSURANCE COMPANY IN THE PAST 3 YEARS, WITH THE NAMES OF PATIENTS/INSUREDS REDACTED TO PROTECT PATIENT CONFIDENTIALITY”. Paragraph 8 requires the Records Custodian or Dr. Zeide to “PRODUCE COPIES OF ALL RECORDS OF PAYMENTS YOU RECEIVED FOR CONDUCTING MEDICAL RECORDS REVIEWS AND PREPARING MEDICAL RECORDS REVIEW REPORTS AND ADDENDUMS AT THE REQUEST OF ANY MEDICAL RECORDS REVIEW SCHEDULING COMPANY, DEFENSE LAW FIRMS OR INSURANCE COMPANY IN THE PAST 3 YEARS.”
Dr. Zeide objects to providing the information requested in Paragraphs 7 & 8.
DISCUSSION
Section 627.736(7)(a) requires physicians preparing a report at the request of an insurer to maintain “for at least 3 years copies of all examination reports as medical records and . . . records of all payments for the examinations and reports”.
Based on the foregoing, it is
ORDERED AND ADJUDGED that the documents requested in Paragraphs 7& 8 of the subpoena duces tecum shall be provided to Plaintiff’s counsel within 30 days.
* * *
