19 Fla. L. Weekly Supp. 51b
Online Reference: FLWSUPP 1901FULLInsurance — Personal injury protection — Coverage — Medical provider’s motion for partial summary judgment as to applicability of Medicare fee schedule is granted where Medicare fee schedule language was not included in policy, and prior explanation of benefits did not put medical provider on proper notice of intent to pay pursuant to that fee schedule
HEALTHY LIFE THERAPY & REHAB CENTER, a/a/o John Fuller, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 10-15896 COCE 50. October 12, 2011. Peter B. Skolnik, Judge. Counsel: Michael Fischetti, Shuster & Saben LLC, Fort Lauderdale, for Plaintiff. Lynne French-Davis, Adams & Diaco, Miami, for Defendant.Motion for Partial Summary Judgment asto the application of Medicare fee schedule
THIS CAUSE having come on to be heard on Plaintiff’s Motion for Partial Summary Judgment as to application of Medicare fee schedule and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon,
ORDERED AND ADJUDGED that said Motion be, and the same is hereby Granted as the Defendant failed to include fee schedule language in the policy. Defendants prior explanation of Benefits to the provider do not put the Plaintiff on proper notice of the defendant’s intent to pay pursuant to Medicare fee schedule.
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