17 Fla. L. Weekly Supp. 855a
Online Reference: FLWSUPP 1709HAR2
Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Notice of loss — Claim form which included name of facility and health care clinic number was sufficient — MRI facility is not required to have professional license number and, accordingly, failure to include that number in Box 31 of claim form not basis for finding lack of notice
STAR IMAGING, LLC, a/a/o Elliot Harris, Plaintiff(s), vs. USAA CASUALTY INSURANCE COMPANY and UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant(s). County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 08-4557-SP-26. March 15, 2010. Patricia Marino-Pedraza, Judge. Counsel: Martin Berger, for Plaintiff. Reuven Herssein, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court on the 5th day of March, 2010 on Plaintiff’s Motion for Summary Judgment regarding RRN and Box 31, and upon argument of counsel, review of the record evidence, and case law, it is ORDERED AND ADJUDGED as follows:
1. In support of its Motion, the Plaintiff filed the affidavits of Dr. Jose R. Rey and Aida Dominguez, as well as the deposition transcript of Defendant’s adjuster Daniel Hawkins. Doctor Rey asserts that all of the diagnostic services rendered to Elliott Harris by Star Imaging, LLC, were related and necessary to his injuries sustained in the motor vehicle collision of March 19, 2007. Ms. Dominguez asserted that the CMS form and all MRI reports were timely submitted to the Defendant via US mail. The parties have stipulated that the MRI fees are governed by the PIP Statute.
2. The Defendant has not filed any record evidence in opposition to Plaintiff’s Motion, and through their adjuster’s deposition acknowledged that no IME had been requested/scheduled nor had they retained their own expert to render a medical opinion as to RRN.
3. Plaintiff has also included with the affidavit of Ms. Dominguez, the CMS 1500 Form which was sent to the Defendant. Upon review of the form, it is clear that Box 31 included the name of the facility as well as its health care clinic number. It is undisputed that the Defendant received this form. This Court finds that the facility substantially complied with the intent of the Statute.
4. The Defendant asserts that they were not furnished with notice of a covered loss due to the Plaintiff’s failure to include its professional license number in Box 31. However, due to the fact that it is a MRI facility, this presents a legal impossibility since such facilities are not required to have a professional license number, This Court Is persuaded by the myriad of well reasoned opinions regarding this issue from Miami-Dade and Broward County Court Judges. The duty to place a professional license number in Box 31 of a CMS 1500 Form does not apply to MRI facilities. Oakland Park MRI, Inc. (a/a/o Carmen Liranzo) v. USAA Casualty Insurance Co., 15 Fla. L. Weekly Supp. 847a (Broward Cty. Ct. June 5, 2008), See also Oakland Park MRI, Inc., (a/a/o Laura Colavito) v. United Services Automobile Association, 15 Fla. L. Weekly Supp. 1204a (Miami-Dade Cty. Ct, Sept. 11, 2008); Virtual Imaging Services, Inc. (a/a/o Carter Solange) v. USAA Casualty Insurance Company, 14 Fla. L. Weekly Supp. 85a (Miami-Dade Cty. Ct. Oct. 20, 2006); Millennium Diagnostic Imaging Center, Inc. (a/a/o Francisca De Franca) v. Progressive American Insurance Co., Case No.: 04-22464 SP 23 (Miami-Dade Cty Ct. Sept. 4, 2007); Oakland Park MRI (a/a/o Tyesean Tillmon v. United Services Automobile Association, 15 Fla. L. Weekly Supp. 949b (Broward Cty. Ct. July 11, 2008); Oakland Park MRI, Inc., (a/a/o Christine Girrbach) v. USAA Casualty Co., 15 Fla L. Weekly Supp. 1225a (Broward Cty. Ct. June 11, 2008).
5. Therefore, this Court enters Summary Judgment in favor of the Plaintiff as to both issues of RRN and Box 31.
