18 Fla. L. Weekly Supp. 693c
Online Reference: FLWSUPP 1808PADI
Insurance — Personal injury protection — Coverage — Medical expenses — Applicability of Medicare Part B fee schedule
HEALTH DIAGNOSTICS OF MIAMI, LLC, d/b/a/ STAND UP MRI OF MIAMI, (a/a/o Nydia Padilla), Plaintiff, and UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. CONO 10-10189 (70). March 11, 2011. Mardi Levey Cohen, Judge. Counsel: Andrew J Weinstein, Weinstein Law Firm, P.A., Coral Springs, for Plaintiff. Orlando Ortiz, Office of the General Counsel, United Automobile Insurance Company, Miami, for Defendant.
ORDER
THIS CAUSE having come on to be heard on Defendant’s “Motion for Final Summary Disposition Re: Payment Tendered Pursuant to F.S.§627.736(5) Applicability of the Medicare Part B Fee Schedule to Plaintiff’s Bill,” filed January 20, 2011, and the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereupon:
ORDERED AND ADJUDGED that Defendant’s Motion is DENIED. The Court agrees with the Honorable Judge Lee and his reasoning in the case of Hollywood Diagnostics Center, Inc. v. Mercury Insurance Company of Florida, case number 09-8444 COCE (53) order dated May 27, 2010 [17 Fla. L. Weekly Supp. 834a], in which he finds that State Farm Florida Insurance Company v. Nichols, 21 So.3d 904 (Fla. 5th DCA 2009) [34 Fla. L. Weekly D2275b] controls on this issue.
