21 Fla. L. Weekly Supp. 427b
Online Reference: FLWSUPP 2105LACAInsurance — Personal injury protection — Discovery — Medical provider is required to provide reimbursement amounts it was willing to accept or accepted for CPT codes at issue from patients insured by HMO, PPO, Medicare and Medicaid, and uninsured patients, as such payments are relevant to issue of reasonableness of charges
VIRTUAL IMAGING SERVICES, a/a/o MARGARITA LACAYO, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 12-04037 SP 23 (02). January 23, 2014. Caryn Canner Schwartz, Judge. Counsel: Joseph Littman, for Plaintiff. Karen E. Trefzger, Office of the General Counsel, United Automobile Insurance Company, Miami Gardens, for Defendant.
ORDER ON PLAINTIFF’S OBJECTIONTO DEFENDANT’S INTERROGATORY #3
This cause having come before the Court on January 23, 2014, upon Plaintiff’s Objection to Defendant’s Interrogatory #3 (I3)and having heard argument from the Parties and as consistent with prior rulings, IT IS
ORDERED AND ADJUDGED that Plaintiff’s objection is OVERRULED.
Defendant’s I3 requested for the time period during which the medical services that are subject of this lawsuit were rendered (year 2010), and for each CPT Code 72141, 72148 and 72195, to list the amount Plaintiff was “willing to accept” and/or accepted as full reimbursement from patients insured by HMO, PPO, Medicare or Medicaid, (that also billed for those CPT codes in the year 2010) as well as for uninsured patients.
Plaintiff objected on grounds the request was overbroad, burdensome, vague, not reasonably calculated to lead to the discovery of admissible evidence.
On January 23, 2014, the Court overrules Plaintiff’s objection. Pursuant to F.S. 627.736(5)(a)(1), payments accepted by Plaintiff are relevant to the determination of reasonableness at issue in this case. Plaintiff shall provide the reimbursement amounts for CPT Codes 72141, 72148 and 72195, for the year 2010, from each insurance provider (as listed in I3) and the uninsured. However, to avoid the disclosure of any trade secret or proprietary information, Plaintiff may simply identify said insurance provider by number and type of carrier, i.e., HMO1 [reimbursement amount]; HMO2 ___; PPO1 ___, PPO2, PIP1, PIP2, WORKCOMP1, etc.
Plaintiff shall have thirty (30) days from January 23, 2014 to comply with this Order.
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