22 Fla. L. Weekly Supp. 955a
Online Reference: FLWSUPP 2208MCCUInsurance — Discovery — Insurer is entitled to discover documents reflecting amounts accepted by medical provider as reimbursement from HMOs, PPOs, private health insurers, private pay or any other payor — Provider is not required to disclose whether amounts reimbursed were pursuant to negotiated contract or entity from which reimbursement was received
AXIS CHIROPRACTIC & REHAB CENTER, INC., a Florida Corporation, assignee of McCurry, Joshua, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 13-CC-023922. August 5, 2014. Honorable Scott A. Farr, Judge.
ORDER ON DEFENDANT’S MOTION TO COMPELBETTER RESPONSES TO DEFENDANT’S REQUESTTO PRODUCE AND INTERROGATORIES
THIS MATTER having come to be heard on Defendant’s Motion to Compel Better Responses to Defendant’s Request to Produce and Interrogatories, and the Court having reviewed the file, heard the argument of counsel, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDED:
1. Defendant’s Motion to Compel Better Responses to Defendant’s Request to Produce as to request numbers 1, 2, 21, 24, and 33, where Plaintiff stated no objection to those requests and indicated that it believed that it had provided documents in response, but those documents were never received by Defendant, is hereby GRANTED. Plaintiff will provide documents in response to those requests within 20 calendar days of the hearing, which took place on July 28, 2014.
2. Defendant’s Motion to Compel Better Responses to Defendant’s Request to Produce as to request number 34 is hereby GRANTED. Plaintiff will provide documents in response to that request within 20 calendar days of the hearing, which took place on July 28, 2014.
3. Defendant’s Motion to Compel Better Responses to Defendant’s Request to Produce as to request numbers 35 and 36 is hereby DENIED.
4. Defendant’s Motion to Compel Better Responses to Defendant’s Request to Produce as to request numbers 4, 6, 9, 10, 11, 13, 15, 26, and 29 through 31, as well as Defendant’s Motion to Compel Better Answers to Interrogatories as to questions 10, 12, and 14, is hereby GRANTED. Plaintiff will provide a schedule of reimbursements issued to Plaintiff by HMOs, PPOs, private insurance carriers (such as BlueCross BlueShield, Aetna, Cigna, United Healthcare, Humana, etc.), private pay, or any other payor including automobile insurance carriers from February 18, 2009 through March 18, 2009 and October 19, 2009 through November 19, 2009 (30 days prior to and 30 days after the dates of service alleged to be at issue in the Complaint), as to the CPT Codes alleged by Plaintiff to be at issue (namely: 99203, 99213, 99070, 99071, 98941, 97010, 97032, 97110, 97124, 72040, 72050, 72070, 72100, 76140, A4556, E0230, E0745, E1399, and G0283). The Plaintiff does not have to identify whether the amounts reimbursed were pursuant to a negotiated contract, or the entity or person from which the reimbursement was received. Plaintiff will provide documents and better answers in response to the above-outlined discovery within 90 calendar days from the date of the hearing, which took place on July 28, 2014.
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