22 Fla. L. Weekly Supp. 389a
Online Reference: FLWSUPP 2203WILSInsurance — Discovery — Depositions — In deposition of insurer’s corporate representative, medical provider shall be entitled to inquire regarding basis for determining reasonableness and payment of charges at issue, reimbursement levels in community, and factual, but not legal, basis supporting every defense to payment asserted by insurer
BEACHES OPEN MRI OF THE TREASURE COAST, LLC (PATIENT: CALVIN WILSON), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 50 2012 SC 004919 SBRD. June 26, 2014. Reginald Corlew, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff. Jessica Y. Fano, Roig, Tutan, Rosenberg, Martin & Stoller, P.A., Deerfield Beach, for Defendant.
ORDER ON DEFENDANT’S MOTION FORPROTECTIVE ORDER AS TO THE DEPOSITION OFDEFENDANT’S CORPORATE REPRESENTATIVE
THIS CAUSE having come before the Court on June 26, 2014 upon Defendant’s Motion for Protective Order regarding Plaintiff’s request to conduct the deposition of Defendant’s corporate representative and designated areas of testimony numbers 4, 5 and 6, 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. Plaintiff shall be entitled to inquire regarding the methodology, basis, facts and calculations to determine the reasonableness and payment of charges at issue in the claim in which the above referenced suit was filed.
2. Plaintiff shall be entitled to inquire regarding reimbursement levels in the community where the service was performed, as reflected by the amounts which State Farm Mutual Automobile Insurance Company has paid other diagnostic imaging providers in St. Lucie County, Florida for MRIs of the lumbar spine, CPT code 72148, the same CPT code that is at issue in this case, during the month of December 2007 and during the period of time from August 7, 2011 to August 27, 2011, which is 10 day prior and 10 days subsequent to the August 17, 2011 MRI procedure that was performed in this case.
3. Plaintiff shall be entitled to inquire regarding the factual basis supporting each and every defense to payment asserted by Defendant as to this claim. Plaintiff shall not be entitled to inquire regarding the legal basis supporting each and every defense to payment asserted by Defendant as to this claim.
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