22 Fla. L. Weekly Supp. 278a
Online Reference: FLWSUPP 2202VOLPInsurance — Personal injury protection — Discovery — Documents — To protect irrelevant proprietary information on otherwise discoverable rate sheets of private payors, medical provider is directed to prepare matrix reflecting identity of contracting parties, dates covered by agreements and rate sheets, nature and type of insurance reimbursement, and type of service being billed for CPT codes at issue in case and rates for each service
BAYFRONT MEDICAL CENTER, INC. a Florida corporation (assignee of Volpe, Salvatore), Plaintiff(s), vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant(s). County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 12-CC-020401, Division M. September 2, 2014. Herbert M. Berkowitz, Judge. Counsel: Mishaal Patel, Law Office of Russel Lazega, P.A., Dania Beach, for Plaintiff. Brian M. Giddings, Adams & Diaco, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION TO COMPELDISCOVERY AND ORDER DENYING SANCTIONS
This cause came on to be heard on August 11, 2014 on Defendant’s Motion to Compel Discovery pursuant to this Court’s previous Order of May 16, 2014. Both parties being represented by Counsel, and the Court, after hearing argument and being otherwise fully advised in the premises, directed the Plaintiff’s counsel submit for in camera inspection Plaintiff’s rate sheets from private payors. Plaintiff’s counsel complied by submitting such rate sheets to the Court in a timely manner, and after inspecting these submissions in camera, finds as follows:
1. That these records may arguably contain proprietary information not otherwise relevant to this lawsuit;
2. That other information contained in these records are relevant to the defense of this lawsuit, and may also be relevant to the prosecution of this lawsuit, as well;
3. The information in these records which the Court finds to be relevant and discoverable are:
a. the identity of the contracting parties:
b. the dates covered by these agreements and rate sheets;
c. the nature or type of insurance reimbursement, e.g. HMO; PPO; Workers Compensation, etc.;
d. the type of service being billed for CPT codes which are relevant to the case at bar, and the rates for each.
In order to provide this information to the Defendant, without compromising any otherwise irrelevant proprietary information, it is ORDERED that:
Plaintiff prepare a matrix which reflects the specific data identified in paragraph 3, a-d of this Order, and serve same no later than 21 days of this signing of this Order to the Defendant’s counsel, and a copy of said matrix shall also be filed with the Court at that time. All records having been submitted to the Court for in camera inspection shall remain with the Court until such time as the Court determines that the above described matrix complies with this Order. Once the Court determines that the matrix is compliant, the Court will return the submitted records to Plaintiff’s counsel.
It is further Ordered and Adjudged that Defendant’s Motion for Sanctions be DENIED. The Court is satisfied that Plaintiff has acted in good faith, timely comply with the Court’s May 16, 2014 Order.
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