21 Fla. L. Weekly Supp. 678a
Online Reference: FLWSUPP 2107ELLIInsurance — Personal injury protection — Discovery — Reasonableness of charges — Medical provider must provide information regarding amounts provider has accepted from private insurers for CPT codes at issue
BAYFRONT MEDICIAL CENTER, INC. as assignee of JOHN J. ELLIOTT, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 13-001869-SC. April 10, 2014. Honorable John Carassas, Judge. Counsel: William Moon, Law Office of Russel Lazega, P.A., Tampa, for Plaintiff. Brian M. Giddings, Adams & Diaco, P.A., Tampa, for Defendant.
ORDER ON MOTION TO STRIKE OBJECTIONSANDMOTION TO COMPEL BETTER RESPONSESTO INTERROGATORIES
THIS CAUSE having come before the Court upon the Motion to Strike Objections and Motion to Compel Better Responses to Interrogatories (the “Motion”) filed by Progressive Select Insurance Company (“Progressive”). The Court conducted a hearing on April 2, 2014 and after considering the Motion, the record, arguments of counsel, and the applicable law, the Court finds as follows:
Progressive propounded Interrogatories upon Plaintiff on May 31, 2013. Plaintiff’s responses to the Interrogatories were filed on October 3, 2013. Plaintiff objected to Interrogatories 16 through 19 asserting multiple grounds for the objections.
The relevant portion of Florida Statute Section 627.736(5)(a) is as follows:
. . .consideration may be given to evidence of usual and customary charges and payments accepted by the provider involved in the dispute, reimbursement levels in the community and various federal and state medical fees schedules applicable to motor vehicles and other insurance coverages, and other information relevant to the reasonableness of the reimbursement for the services, treatment, or supply.
Therefore, the information sought in Interrogatories 16 thorough 19 of Progressive’s Interrogatories is reasonably calculated to lead to the discovery of evidence that relates to the factors cited in Florida Statute Section 627.736(5)(a). This does not include private information concerning the involved patient.
It is therefore ORDERED and ADJUDGED that Plaintiff’s objections to Interrogatories 16 through 19 are overruled. Plaintiff shall provide complete and verified responses to Interrogatories 16 through 19 within sixty (60) days of the date of this Order. The responses shall include information evidencing what Plaintiff accepted for payment for the CPT codes at issue in this matter from private insurance carriers for a period of 30 days before the Patient/Assignor’s initial date of service and for the 30 days after the Patient/Assignor’s last date of service.
* * *
