15 Fla. L. Weekly Supp. 291a
Insurance — Personal injury protection — Discovery — Documents — Where PIP statute requires physician preparing report for insurer to maintain copies of all examination reports for 3 years, physician who conducted independent medical examination of insured is required to produce subpoenaed copies of peer review and IME reports — Physician is entitled to reasonable copy charges, but provider may elect to use own copy service
A1 OPEN MRI, INC., a/a/o Evens Destin, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 06-20120 COCE (52). December 17, 2007. Jay S. Spechler, Judge. Counsel: Glenn E. Siegel, Lesser, Lesser, Landy & Smith, PLLC, Palm Beach. Diane Cullinan, Office of the General Counsel, Coral Gables.
ORDER ON PLAINTIFF’S MOTION TO COMPEL RESPONSES AND PRODUCTION OF DOCUMENTS IN RESPONSE TO DUCES TECUM REQUESTS NUMBERS 3 AND 4 AND/OR MOTION TO STRIKE PEER REVIEW OF DR. MERRIT
THIS CAUSE came before the Court on November 30, 2007 on PLAINTIFF’S MOTION TO COMPEL RESPONSES AND PRODUCTION OF DOCUMENTS IN RESPONSE TO DUCES TECUM REQUESTS NUMBERS 3 AND 4 AND/OR MOTION TO STRIKE PEER REVIEW OF DR. MERRIT, and the Court having heard argument of counsel and being advised in the premises, THE Court finds as follows:
1. This lawsuit for personal injury protection benefits involved the Defendant’s denial of payment for medical services incurred by the Plaintiff, and pursuant to a compulsory medical examination allegedly conducted by Marvin Merrit, D.C. on August 28, 2006.
2. The Records Custodian for Marvin Merrit, D.C. was served with a Subpoena for Deposition, or to produce the documentation requested in lieu of attending the deposition set for October 18, 2007. 3. Plaintiff’s Duces Tecum Request Number 3 requests Dr. Merrit’s records’ custodian to produce copies of all reports of all Independent Medical Examinations and Peer Reviews performed by Marvin J. Merrit, D.C. for United Automobile Insurance Company in the last three (3) years.
4. Plaintiff’s Duces Tecum Request Number 4 requests Dr. Merrit’s records’ custodian to produce copies of all reports of all Independent Medical Examinations and Peer Reviews performed by Marvin Merrit, D.C. in the last three (3) years.
5. For purposes of this hearing, the Plaintiff has agreed to narrow its request to producing the reports requested in the above-referenced duces tecum requests to those from between March 1, 2006 through and including August 28, 2006.
6. The Plaintiff further advised in its Duces Tecum requests that the records’ custodian may redact the names, social security numbers, and claim numbers of any person examined or whose records were reviewed if that person is not Evens Destin in order to maintain patient confidentiality.
7. In response to this subpoena, Marvin Merrit, D.C. sent a letter to counsel for the Plaintiff requesting pre-payment in the amount of $795,000.00, prior to complying with the Duces Tecum requests.
8. Florida Statute §627.736(7) states that “[t]he physician preparing the report at the request of the insurer . . . shall maintain for at least 3 years, copies of all examination reports as medical records and shall maintain, for at least 3 years, records of all payments for examinations and reports.” The records required to be maintained were those requested by the Plaintiff in requests 3 and 4 of the Duces Tecum.
9. Pursuant to Florida Statute §627.736(7), which requires the documents requested by the Plaintiff in requests numbers 3 and 4 of its Duces Tecum to be maintained, it is hereby ORDERED and ADJUDGED that Plaintiff’s Motion is GRANTED. Dr. Merrit or his records’ custodian is required to provide the undersigned counsel for the Plaintiff with all the IME and peer review reports done by Dr. Merrit from March 1, 2006 through and including August 28, 2006 within 30 days from the date of this Order. Should there not be full compliance with this Order within that time, Dr. Merrit shall be stricken.
10. It is FURTHER ORDERED that Dr. Merrit shall be entitled to reasonable copy charges at $1.00 per page for the first 25 pages, and .25 thereafter. However, the Plaintiff may elect to use its own copy service to reproduce the documents Ordered to be produced herein after being advised of the amount of the reasonable copy charges of the reports as claimed by Dr. Merrit, and consistent with this Order. An estimate of Dr. Merrit’s reasonable copy charges which conforms with the amount set forth herein shall be provided to counsel for the Plaintiff within 20 days from the date of this Order, and Plaintiff may then elect to either pay the copy charges to Dr. Merrit, or hire its own copy service to reproduce the documents.
11. Dr. Merrit may also redact the names, social security numbers and claim numbers of the patients who are not Evens Destin in order to maintain patient confidentiality.
