21 Fla. L. Weekly Supp. 808a
Online Reference: FLWSUPP 2108HERRInsurance — Personal injury protection — Coverage — Medical expenses — Lawfully rendered treatment — Where it is undisputed that medical provider’s medical records failed to substantially comply with Florida Minimal Recordkeeping Standards established by administrative rule, treatment was not lawful, and PIP insurer is not obligated to pay for treatment
DISCOVERY THERAPY, INC. a/a/o CARLOS HERRERA, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2007-14418-SP-05. January 24, 2014. Shelley J. Kravitz, Judge. Counsel: Jerome LaTorre, Law Offices of Gonzalez & Associates, Miami, for Plaintiff. Brian L. Wagner, Mateer & Harbert, P.A., Orlando, for Defendant.
FINAL JUDGMENT FOR THE DEFENDANT
THIS CAUSE came before this Court on the 17th day of January, 2014 on Defendant’s Second Amended Motion for Final Summary Judgment and having been duly appraised of the circumstances and having heard argument from counsel, it is hereby ordered as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. This is a claim for PIP benefits brought by Plaintiff, Discovery Therapy, Inc, as assignee of Carlos Herrera (“Insured”) against the Defendant, State Farm.
2. The Plaintiff has filed not any affidavit in opposition to the Defendant’s Second Amended Motion for Final Summary Judgment in this matter.
3. The civil and administrative requirements of the State of Florida for the rendering of chiropractic treatment to patients include the Minimal Recordkeeping Standards of the State of Florida. These standards are found in Florida’s Administrative Code at 64B2-17.0065. See also, Fla. Stat. §460.413.
4. It is undisputed that Discovery Therapy’s medical records failed to substantially comply with the Florida Minimal Recordkeeping Standards found in 64B2-17.0065 Fla. Admin Code and §460.413, Fla.Stat.
5. Because Discovery Therapy Inc.’s care of the insured was in violation of the relevant civil and administrative laws of the state of Florida, said treatment was, by definition, not “lawful.” Fla.Stat. §627.732. See, United Automobile Insurance Company v. Atlantic Medical Specialty, Inc., 20 Fla. L. Weekly Supp. 1127(b) (11th Jud. Cir. App. 2013).
6. Because the treatment was not “lawful,” Defendant is not obligated to pay for said treatment under Florida’s Motor Vehicle No-Fault Law. Fla.Stat. §627.736(5).
It is therefore, ORDERED AND ADJUDGED, that:
7. State Farm’s Second Amended Motion for Summary Judgment is hereby GRANTED;
8. Final Judgment is hereby entered in favor of the Defendant, State Farm Fire and Casualty Company;
9. The Plaintiff shall take nothing by this action and State Farm shall go hence without day;
10. This Court shall reserve jurisdiction to award attorneys’ fees and costs in favor of State Farm and against Plaintiff, including jurisdiction to determine the issue of entitlement and the amount of such fees as allowable under Florida law.
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