21 Fla. L. Weekly Supp. 338a
Online Reference: FLWSUPP 2104MANNInsurance — Personal injury protection — Discovery — Documents — Motion to compel better responses to medical provider’s request to produce is granted
PHOENIX EMERGENCY MEDICINE OF BROWARD, LLC, as assignee of Nancy Manning, Plaintiff, v. AUTO-OWNERS INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2012 23141 CONS. July 9, 2013. Shirley A. Green, Judge.
ORDER
THIS MATTER having come before this Honorable Court on Defendant’s Motion For Leave To Serve Untimely Responses To Requests For Admissions and Plaintiff’s Motion To Compel Complete And/Or Better Responses To Plaintiff’s First Request To Produce To Defendant and this Honorable Court having heard arguments of counsel on May 21, 2013 and being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1. Defendant’s Motion For Leave To Serve Untimely Responses To Requests For Admissions is hereby GRANTED. Defendant’s Response To Request For Admissions bearing a certificate of service date of January 18, 2013 is deemed timely filed.
2. Plaintiff’s Motion To Compel Complete And/Or Better Responses To Plaintiff’s First Request To Produce To Defendant is hereby GRANTED in part and DENIED in part.
3. Plaintiff’s Motion is GRANTED as to numbers 3(c), 3(d), 3(f), 3(g), 3(i), 4, 6, 7, 33, 35, 37, 38, and 43.
4. As to request number 3(c), Defendant shall produce to Plaintiff all CMS 1500 forms (bills) from all providers who treated Nancy Manning as a result of the loss at issue within thirty (30) days of May 21, 2013.
5. As to request number 3(d), Defendant shall produce to Plaintiff all EOB/EOR documentation involving Nancy Manning and the loss at issue within thirty (30) days of May 21, 2013.
6. As to request number 3(f), Defendant shall produce to Plaintiff any and all police reports and/or accident reports surrounding the loss at issue within thirty (30) days of May 21, 2013.
7. As to request number 3(g), Defendant shall produce to Plaintiff all medical records of Nancy Manning surrounding the loss at issue within thirty (30) days of May 21, 2013.
8. As to request number 3(i), Defendant shall produce to Plaintiff all Personal Injury Protection documentation/forms, including Personal Injury Protection applications, medical report forms, employer verification forms, and authorization forms within thirty (30) days of May 21, 2013.
9. As to request number 4, Defendant shall produce to Plaintiff all computer adjuster notes pertaining to the claim of Nancy Manning generated prior to the receipt of the Notice of Intent to Initiate Litigation in this case with all attorney-client communications redacted within thirty (30) days of May 21, 2013.
10. As to request number 6, Defendant shall supplement its response by indicating no such documents exist and that Defendant is not contesting reasonableness, necessity, or relatedness of the emergency services and care within thirty (30) days of May 21, 2013.
11. As to request number 7, Defendant shall produce to Plaintiff an up-to-date PIP Log and Medical Payments Log within thirty (30) days of May 21, 2013.
12. As to request number 33, Defendant shall produce to Plaintiff all IRS 1099 forms for the years of 2011 and 2012 sent from Defendant to the companies, entities, and/or individuals that supplied, manufactured, distributed or used the database(s)/auditing system(s) used to reduce billing in this case, including CorVel, within thirty (30) days of May 21, 2013.
13. As to request number 35, Defendant shall produce to Plaintiff all EOB/EOR documentation for any other providers for the calendar year of 2012 that includes CPT Code 72050 or CPT Code 72100 within thirty (30) days of May 21, 2013.
14. As to request numbers 37 and 38, Defendant shall supplement its response by indicating the location of the documents requested (i.e., UCR reports, monthly summaries, and PPO reports) within thirty (30) days of May 21, 2013.
15. As to request number 43, Defendant shall supplement its response by indicating the full name, address, and relationship within thirty (30) days of May 21, 2013.
16. Plaintiff’s Motion is DENIED without prejudice as to numbers 3(a), 3(b), 3(e), 3(h), 3(j), 27, 28, 29, 30, 31, 32, 34, 36, 39, 40, 41, and 42.
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