20 Fla. L. Weekly Supp. 265a
Online Reference: FLWSUPP 2003PEREInsurance — Personal injury protection — Discovery — Depositions — Non-party medical provider is required to produce person with most knowledge of billing, payments and status of patient accounts for deposition in insured’s action against insurer — Provider is required to produce for deposition person with most knowledge of amounts charged by and accepted for litigation versus non-litigation patients and person with most knowledge of “letter of protection” program, subject to confidentiality provisions of order
JOSE PEREZ, Plaintiff, vs. NICOLE BUTCHER, Defendants. Circuit Court, 4th Judicial Circuit in and for Duval County. Case No. 2011-CA-002694, Division CV-C. November 15, 2012. Honorable Greg McCaulie, Judge. Counsel: David Knight, Palm Beach Gardens, for Plaintiff. Steven R. Woods, Woods & Detky, P.A., Jacksonville, for Defendant. Michael L. Schwebel, West Palm Beach, for Non-party Palm Beach Gardens Medical Center.
ORDER ON NON-PARTY PALM BEACH GARDENSMEDICAL CENTER’S OBJECTION TO THEDEFENDANT’S SUBPOENAS DUCES TECUM FORDEPOSITION, INCORPORATED MOTION TOQUASH AND/OR MODIFY SUBPOENAS,AND MOTION FOR PROTECTIVE ORDER
THIS CAUSE, having come before the Court on Non-Party PALM BEACH GARDENS MEDICAL CENTER’S objection to the Defendant’s subpoenas for deposition duces tecum and incorporated Motion to Quash and/or Modify Subpoenas, and Motion for Protective Order, and the Court having heard argument of counsel and being otherwise advised in the premises finds as follows:
1. This is an action in which the Plaintiff seeks damages for personal injuries arising out of an automobile accident. The damages sought by Plaintiff include a claim for past medical expenses.
2. The past medical expenses claimed by the plaintiff include a charge from nonparty Movant, Palm Beach Gardens Medical Center, in the amount of $15,440.49. Non-party Movant, Palm Beach Gardens Medical Center, obtained a “Letter of Protection” from the Plaintiff providing that the charges are to be paid out of the proceeds of any recovery made by the Plaintiff in this action.
3. The Defendant served three subpoenas for deposition duces tecum on non-party Palm Beach Gardens Medical Center. The subpoenas requested that non-party Palm Beach Gardens Medical Center designate and produce the following persons for deposition and produce the following documents:
a. Person with the Most Knowledge of Billing, Payments and Status of Patient Accounts. The Subpoenas requested that the witness produce “Any and all bills, statements, invoices, or documents reflecting any and all charges, payments and account status and activity.”
b. Person with the Most Knowledge of Amounts Charged by and Accepted for Litigation vs. Non-Litigation Patients for the same services and procedures as those performed on the Plaintiff. The Subpoena requests that the witness produce any and all documents, data and information pertaining to and/or reflecting the amounts charged to “litigation patients” for the same services as those rendered to the Plaintiff, the amounts charged to “non-litigation patients” for the same services as those rendered to the Plaintiff, the amounts accepted as full and final payment from or on behalf of “litigation patients” for the same services as those rendered to the Plaintiff, and the amounts accepted as full and final payment from or on behalf of “non-litigation patients” for the same services as those rendered to the Plaintiff. The documents requested in the subpoena limited to a three year period. The subpoena defined “litigation patients” as “. . .any patient for whom a Letter of Protection has been accepted from a patient”, and defined “litigation patients” as “. . .any patient for whom a Letter of Protection has not been accepted from a patient.”
c. Person with the Most Knowledge of the hospital’s “Letter of Protection” program. The Subpoena requests that the witness produce “Any and all documents, contracts, agreements, correspondence or items pertaining to Palm Beach Gardens Medical Center’s ‘letter of protection’ program.”
4. The information and documents sought with respect to the subpoena directed to the Person with the Most Knowledge of Billing, Payments and Status of Patient Accounts (paragraph 3. a. above) is reasonably calculated to lead to the discovery of admissible evidence.
5. The Defendant argues that the information and documents sought through the subpoenas directed to the hospital’s Person with the Most Knowledge of Amounts Charged by and Accepted for Litigation vs. Non-Litigation Patients (paragraph 3. b. above) and the hospital’s Person with the Most Knowledge of the “Letter of Protection” program (paragraph 3. c. above) is needed in order to dispute, as unreasonable, the amount of medical expenses that the plaintiff seeks to recover. The Court finds that this constitutes a sufficient showing by the Defendant as to why the information requested is needed.
6. The Defendant stipulates that the documents and information sought through the subpoenas constitute “trade secrets” as defined by Florida law and that it would be appropriate to have Confidentiality Order in place with respect to the deposition transcript and documents produced. Likewise, the Defendant stipulates that, to the extent that the documents produced would include any information that might identify a patient other than the Plaintiff, such information should be redacted prior to production.
7. Non-party Palm Beach Gardens Medical Center does not object to producing the designated witnesses per se, but seeks to prevent and/or limit the scope of the testimony and production of documents.
Based upon the foregoing findings, it is hereby ORDERED and ADJUDGED that:
1. The Objections are overruled and the motions are denied as to the subpoena for deposition duces tecum directed to the hospital’s Person with the Most Knowledge of Billing, Payments and Status of Patient Accounts. The Palm Beach Gardens Medical Center shall produce the designated witness for deposition. The documents to be produced are limited to documents pertaining to the Plaintiff in this action.
2. Subject to the confidentiality provisions of this Order, the Objections are overruled and the motions are denied as to the subpoenas for deposition duces tecum directed to the hospital’s Person with the Most Knowledge of Amounts Charged by and Accepted for Litigation vs. Non-Litigation Patients and the hospital’s Person with the Most Knowledge of the hospital’s “Letter of Protection” program. Columbia Hospital (Palm Beaches) Limited Partnership v. Hasson, 33 So. 3d 148, (Fla. 4th DCA 2010) [35 Fla. L. Weekly D1067a]. The Palm Beach Gardens Medical Center shall produce the designated witnesses for deposition.
3. The following conditions shall apply to the documents produced by Palm Beach Gardens Medical Center in response to the subpoenas directed to the Person With the Most Knowledge of the Amounts Charged by and Accepted for Litigation vs. Non-Litigation Patients and the Person With the Most Knowledge of the hospital’s Letter of Protection program:
a. The deposition transcripts, the documents attached as exhibits and the information contained therein shall be kept confidential and shall only be used for purposes of this action.
b. The documents produced shall be attached to the respective deposition transcripts. The transcripts and attached exhibits shall not be filed in this action except that, as necessary, they may be provided directly to the Court for filing under seal.
c. Any information contained in the documents to be produced which could identify any patient other than the plaintiff in this action, (including names, date of birth, addresses and social security numbers), shall be redacted prior to production. Counsel for non-party Palm Beach Gardens Medical Center shall maintain an un-redacted copy of the documents produced until this case is concluded and dismissed with prejudice.
d. The deposition transcripts, attached documents and information contained therein may not be provided, supplied, transmitted or communicated to any person or entity other than the defense counsel, the Defendant, the Court Reporter, the Defendant’s liability insurer pertaining to this action and any mediator in this action without further Order of this Court after proper notice of any such request to non-party Palm Beach Gardens Medical Center. All persons or entities to which the deposition transcripts, attached documents and information contained therein are provided, supplied, transmitted or communicated shall be bound by the terms of this Order.
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