14 Fla. L. Weekly Supp. 675a

Insurance — Personal injury protection — Evidence — Motion to take judicial notice of fee schedules applicable to Medicare and workers’ compensation coverage is denied where insurer has withdrawn Mitchell Medical/Ingenix defense that was sole basis for reduction of bills

GULF COAST INJURY CENTER, L.L.C., (a/a/o Seaford Jackson), Plaintiff, v. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 05-17462, Division I. April 2, 2007. Daniel E. Gallagher, Judge, for Charlotte Anderson, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. Rob Adams and Brian Crim, Adams & Diaco.

ORDER

THIS CAUSE came before the Court on March 21, 2007 on Defendant’s Motion for Judicial Notice and Memorandum of Law in Support of the Admissibility of Federal Medicare Physician’s Reimbursement Schedule and Florida Worker’s Compensation Reimbursement Manual and Plaintiff’s Motion for Final Summary Judgment. Plaintiff’s counsel, Timothy A. Patrick, and Defendant’s counsel, Brian Crim, were present. The court after hearing argument of counsel, having reviewed the record and for the reasons stated on the record,

It is ORDERED and ADJUDGED as follows:

(1) The court finds that the Defendant previously withdrew its Mitchell Medical/Ingenix defense, which formed the sole basis for Defendant’s reductions of Plaintiff’s medical bills in this case.

(2) Defendant’s Team Leader, Lisa Campbell, stated in Defendant’s response to Plaintiff’s pre-suit demand letter, that: “We have completed a review of our claims file and have determined that these charges were: (a) paid pursuant to statutory requirements”, and (e) “We have completed a review if your demand and feel that we have reimbursed you for your service at a fair and reasonable amount based upon the CPT code charge and the geographic region where services were performed.”

(3) By withdrawing this defense, the Defendant has withdrawn everything it relied upon, including these fee schedules. As such, this court finds that the Defendant has withdrawn any right to judicial notice of these fee schedules inasmuch as the Mitchell Medical/Ingenix system would have taken into account all that is provided in the PIP statute, including these fee schedules.