16 Fla. L. Weekly Supp. 333a
Online Reference: FLWSUPP 164CAPEN
Insurance — Personal injury protection — Discovery — Documents — Motion to compel disclosure of documents showing how information from other medical insurers was used to determine appropriateness of services and all NCCI edits that form basis of nonpayment is granted
DONALD BROWN, D.C., P.A. d/b/a ALL FAMILY INJURY & WELLNESS CENTER As assignee of Karen Capen, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 08-007312-SC-SPC. February 3, 2009. Edwin B. Jagger, Judge. Counsel: Marc B. Nussbaum, Reeder & Nussbaum, P.A., St. Petersburg. Kimberly Sandefer.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL BETTER RESPONSE TO PLAINTIFF’S REQUEST TO PRODUCE NUMBERS 35 and 36
This cause, having come on for hearing on Plaintiff’s Motion to Compel Better Response To Plaintiff’s Request To Produce Numbers 35 and 36, on January 22, 2009, with the court having reviewed the file, heard argument and otherwise being advised in the premises,
IT IS HEREBY ORDERED as follows:
Plaintiff’s Request to Produce numbers 35 and 36 are set forth herein:
35. Any and all documents, notes, manuals, guidelines or procedural manuals showing how any information gathered from HCFA, CHAMPUS, Medicare, Medicaid, and/or any workers compensation carriers was used, either directly, in determining the appropriateness of the services under CPT code 97124.
36. Copies of any and all NCCI edits Defendant believes are applicable in this case; that defendant believes Plaintiff failed to comply with; that form the basis or any part of the basis for Defendant’s non-payment of CPT code 97124.
Plaintiff’s Motion to Compel is Granted. Defendant’s Objections to Plaintiff’s Request To Produce numbers 35 and 36 are overruled. Defendant shall have fifteen (15) days from the date of this Order to provide the requested documents and things.
