21 Fla. L. Weekly Supp. 810a
Online Reference: FLWSUPP 2108RAMIInsurance — Personal injury protection — Discovery — Depositions — At deposition of insurer’s corporate representative, medical provider may inquire as to reimbursement levels in community as reflected by amounts insurer has paid other similarly placed providers in community — Insurer is required to bring to deposition complete PIP file and any documents that identify person who decided allowable amount for claim
UNIVERSAL X RAYS CORP., a Florida Corporation (assignee of Ramirez, Vladimir), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 13-5045 SP 23. March 27, 2014. Myriam Lehr, Judge. Counsel: Jacklyne Marti, Florida Advocates, for Plaintiff. Nancy J. Saint-Pierre, Ayenn C. Stark & Associates, Miami, for Defendant.
AMENDED ORDER ON DEFENDANT’SMOTION FOR PROTECTIVE ORDER AND TOLIMIT THE SCOPE OF PLAINTIFF’S DEPOSITIONOF THE CORPORATE REPRESENTATIVE
This action came before the Court on Defendant’s Motion for Protective Order and to Limit the Scope of Plaintiff’s Deposition of the Corporate Representative and
IT IS ADJUDGED:
1. Defendant’s Motion is Denied. As to Area of Inquiry number 5 which reads:
“Reimbursement levels in the community where the service was performed, as reflected by the amounts which Defendant has paid other similarly placed providers in in the community where the service was performed for the same CPT codes that are at issue in this case, during the period of time from December 1, 2007 through December 31, 2007 and during the period of time from 10 days prior to the date of service in this case until 10 days after the date of service in this case;” Shall be limited to a sampling of thirty (30).
2. As to the underwriting file and application of insurance the Parties have stipulated to coverage so Defendant does not need to bring said documents to the Deposition.
3. Defendant does not need to bring any documents relating the internal structure as it is not in the new Notice of Deposition.
4. As to item number 12 of the Duces Tecum requesting “Any and all documentation regarding the drafting of Explanation of Benefits/Explanation of Review,” Defendant must bring the complete PIP file.
5. As to item number 14 of the Duces Tecum requesting “Any and all documentation regarding whom, on Defendant’s behalf, authorized the method to use to determine the allowable, approved, or authorized amount.” Defendant must bring any document that identifies the person who decided the allowable amount. Defendant retains any objections to work product, privilege, etc. . . .
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