21 Fla. L. Weekly Supp. 567b
Online Reference: FLWSUPP 2106TERLInsurance — Discovery — Depositions — In deposition of insurer’s designated representative, medical provider is entitled to inquire about reimbursement levels for CPT codes at issue in county where provider is located and service was performed
BAYFRONT MEDICAL CENTER, INC., a Florida Corporation (assignee of Terletsky, Alex), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 13-001036-SC. January 2, 2014. Myra Scott McNary, Judge. Counsel: Robert Goldman, Florida Advocates, Dania Beach, for Plaintiff.
ORDER DENYING DEFENDANT’S AMENDEDMOTION FOR PROTECTIVE ORDER
THIS MATTER came before the Court on December 16, 2013 upon the Defendant’s Amended Motion for Protective Order with regard to paragraph 5 of the Designated Topics of Plaintiff’s Amended Notice of Fla.R.Civ.P. 1.310(B)(6) Deposition of State Farm Mutual Automobile Insurance Company, which provides:
5. Reimbursement levels in the community Lakeland, Florida (or the applicable county where the service was performed), as reflected by the amounts which State Farm Mutual Automobile Insurance Company has paid other similarly placed providers in Lakeland, Florida (or the applicable county where the service was performed) for the same CPT codes that are at issue in this case, during the period of time of December 1, 2007 through December 31, 2007 and for the 10 day period prior to the [September 8, 2008] date of service in this case and for the 10 day period after the [September 8, 2008] date of service in this case.
and counsel for the Plaintiff having represented that the “community” for which Plaintiff seeks information regarding reimbursement levels is Pinellas County, Florida (the county in which Plaintiff is located and where the service was performed) and not Lakeland, Florida, and that the two (2) CPT codes that are at issue in this case are CPT codes 72052 and 99284, and the Court having considered Defendant’s Motion for Protective Order, having heard argument of counsel and being otherwise fully advised in the premises, it is hereby
ORDERED that Defendant’s Amended Motion for Protective Order is DENIED. Plaintiff is entitled to inquire of State Farm’s designated representative as to reimbursement levels in Pinellas County, Florida for CPT codes 72052 and 99284, during the period of time of December 1, 2007 through December 31, 2007 and for the 10 day period prior to September 8, 2008 and for the 10 day period after September 8, 2008.
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