22 Fla. L. Weekly Supp. 401b
Online Reference: FLWSUPP 2203FAHDInsurance — Personal injury protection — Discovery — Depositions — Documents — Reimbursement levels in community
BEACHES OPEN MRI OF THE TREASURE COAST, LLC D/B/A BEACHES MRI, A FLORIDA CORP. (A/A/O FAHD, DONNA), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 19th Judicial Circuit in and for St. Lucie County. Case No. 2014-SC-71 (C2). September 22, 2014. Kathryn Nelson, Judge. Counsel: Russel Lazega and Robert Goldman, Florida Advocates, Dania Beach, for Plaintiff. Juan Diaz Avila, Cole, Scott & Kissane, PA, West Palm Beach, for Defendant.
ORDER ON DEFENDANT’S MOTION FORPROTECTIVE ORDER REGARDING PLAINTIFF’S NOTICEOF TAKING RULE 1.310(B)(6) DEPOSITION DUCES TECUM
THIS CAUSE having come before the Court on September 16, 2014 upon the motion of the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“STATE FARM”) for a protective order with regard to Plaintiff BEACHES MRI’s Notice of Taking Fla.R.Civ.P. 1.310(b)(6) deposition of STATE FARM, and the Court having considered the motion, having heard argument of counsel and being otherwise fully advised, it is hereupon
ORDERED that the motion is GRANTED in part, and DENIED in part, as follows:
1. BEACHES MRI shall be entitled to inquire regarding reimbursement levels in the community, as demonstrated by the amounts which diagnostic imaging providers in St. Lucie County, Florida (Geozip 349) charged for performing cervical MRI procedures (CPT code 72141) and lumbar MRI procedures (CPT code 72148) during the year 2012; the amounts which Defendant has allowed as approved, authorized or reasonable charges for cervical MRI procedures (CPT code 72141) and lumbar MRI procedures (CPT code 72148) performed in St. Lucie County, Florida (Geozip 349) during the year 2012; and the amounts which Defendant has reimbursed in St. Lucie County, Florida (Geozip 349) for cervical MRI procedures (CPT code 72141) and lumbar MRI procedures (CPT code 72148) performed during the year 2012.
2. STATE FARM shall bring the entire PIP claim file to the deposition. STATE FARM shall not waive any privilege by referring to any materials that are part of the PIP claim file in answering any questions at deposition. Any materials that are not produced under a claim of privilege shall be identified in an appropriate privilege log.
3. STATE FARM need not provide the underwriting file or the application for insurance, unless STATE FARM contests coverage.
4. STATE FARM shall produce at the deposition a report using Decision Point Software or similar software, reflecting the following information: (a) identification of diagnostic imaging providers located within the Community of St. Lucie County, Florida (Geozip 349), who have performed cervical MRI procedures (CPT code 72141) and lumbar MRI procedures (CPT code 72148) during the period of time from January 1, 2012 through December 31, 2012, and who have billed the Defendant for those procedures; (b) the amounts charged by diagnostic imaging providers within the Community of St. Lucie County, Florida (Geozip 349), for performing cervical MRI procedures (CPT code 72141) and lumbar MRI procedures (CPT code 72148) during the period of time from January 1, 2012 through December 31, 2012; (c) the amounts allowed by Defendant as approved or reasonable charges for cervical MRI procedures (CPT code 72141) and lumbar MRI procedures (CPT code 72148) performed by diagnostic imaging providers within the Community of St. Lucie County, Florida (Geozip 349), performed during the period of time from January 1, 2012 through December 31, 2012; and (d) the amounts paid by Defendant to diagnostic imaging providers located within the Community of St. Lucie County, Florida (Geozip 349), for cervical MRI procedures (CPT code 72141) and lumbar MRI procedures (CPT code 72148), performed during the period of time from January 1, 2012 through December 31, 2012.
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