15 Fla. L. Weekly Supp. 1219a
Insurance — Personal injury protection — Notice of loss — Disclosure and acknowledgment form — Statute does not require that licensed medical professional sign D&A form on date of initial treatment or service
MIDTOWN IMAGING, LLC as Assignee for Paul Hayes, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 502008SC004896XXXXMB RJ. September 24, 2008. Frank Castor, Judge. Counsel: Shannon M. Mahoney, Law Offices of Shannon M. Mahoney, P.A., West Palm Beach. Joseph G. Murasko, North Palm Beach.
ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT BASED ON PLAINTIFF’S FAILURE TO COMPLY WITH FLORIDA STATUTE SECTION 627.736(5)(e)
THIS CAUSE came before the Court on September 11, 2008, for hearing of the Defendant’s Motion for Summary Judgment based on Plaintiff’s failure to comply with Florida Statute § 627.736(5)(e). Having heard argument of counsel, reviewed the pleadings, motion and evidence before the Court and being otherwise fully advised in the premises, the Court finds as follows:
1. On September 12, 2007, Paul Hayes (“Hayes”) presented to Midtown Imaging, LLC (“MTI”) for magnetic resonance imaging services.
2. MTI timely submitted a billing package to USAA CASUALTY INSURANCE COMPANY (“USAA”), including a Disclosure and Acknowledgment Form.
3. The date next to Hayes’ signature reflects that Hayes signed the Disclosure and Acknowledgment Form on September 12, 2007.
4. The date next to the medical professional’s signature reflects that the medical professional signed the Disclosure and Acknowledgment Form on September 17, 2007.
5. USAA denied MTI’s bill on the basis that the Disclosure and Acknowledgment Form failed to comply with Florida Statute § 627.736(5)(e).
6. MTI filed the instant suit for USAA’s failure to pay.
7. USAA raised an Affirmative Defense and filed a Motion for Summary Judgment asserting that the Disclosure and Acknowledgment Form failed to comply with Florida Statute § 627.736(5)(e) because the patient and the licensed medical professional did not sign the Disclosure and Acknowledgment Form on the same date.
8. Florida Statute § 627.736(5)(e)1. states, in pertinent part, “[a]t the initial treatment or service provided, each physician, other licensed professional, clinic, or other medical institution providing medical services upon which a claim for personal injury protection benefits is based shall require an insured person, or his or her guardian, to execute a disclosure and acknowledgment form . . .”
9. Florida Statute § 627.736(5)(e)4. states, “[t]he licensed medical professional rendering treatment for which payment is being claimed must sign, by his or her own hand, the form complying with this paragraph.”
10. USAA argues that Florida Statute § 627.736(5)(e) requires that the licensed medical professional must sign the Disclosure and Acknowledgment Form at the time of the initial treatment.
11. On these undisputed facts, this Court finds the signature of the licensed medical provider is not required at the initial treatment or service as follows:
I. § 627.736(5)(e)1. provides that “At the initial treatment . . .” language and lists items “a” through “e”, none of which contain the requirements pertaining to the signature of the licensed medical professional.II. § 627.736(5)(e)4. contains the licensed medical professional’s signature requirement. Conspicuously absent from this provision is the language “[a]t the initial treatment,” or words of similar import.Therefore, the plain language of § 627.736(5)(e)4. does not require signature at the initial treatment or service as it applies to the licensed medical professional.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motion for Summary Judgment based on Plaintiff’s failure to comply with Florida Statute § 627.736(5)(e) is DENIED.
