22 Fla. L. Weekly Supp. 960a
Online Reference: FLWSUPP 2208VERTInsurance — Discovery — Documents — Insurer is directed to produce every claim from medical providers in geozip for CPT codes at issue for six months surrounding dates of service or produce explanations of benefits generated for geozip in those months for CPT codes at issue
CENTRAL BROWARD THERAPY CENTER, INC., (a/a/o JONAS VERTICIER), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 12-20382 COCE 55. September 16, 2014. Sharon L. Zeller, Judge. Counsel: Michael J. Cohen, Cohen Legal Group, P.A., Weston, for Plaintiff. Jacqueline Zewski, Vernis & Bowling, for Defendant.
ORDER ON DEFENDANT’S OBJECTIONS TOPLAINTIFF’S SECOND REQUEST FOR PRODUCTION
THIS CAUSE having come on to be heard on September 16, 2014 upon Defendant’s Objections to Plaintiff’s Second Request for Production, and the Court having reviewed the Court file and being fully advised in the premises, it is thereupon
ORDERED AND ADJUDGED as follows:
Plaintiff has requested that Defendant produce a report including every claim from medical providers in geozip 330__ for the time period from three (3) months prior to, and three (3) months subsequent to the dates of service 8/23/2011 through 2/23/2012 for the following CPT Codes involved in the current litigation, 72050, 72070, 72141, 73030, 73221, 97010, 97014, 97035, 97110, 97124, 98940, 99202, 99203, 99211, 99212, and 99213 (the CPT codes at issue in this case). In the alternative, Plaintiff requested that, if Defendant cannot produce the report requested, that it produce each and every explanation of benefit (EOB) and/or explanation of review (EOR) generated by Defendant for the geozip 330__ for the time period from three (3) months prior to, and three (3) months subsequent to the dates of service 8/23/2011 through 2/23/2012 for the following CPT Codes involved in the current litigation, 72050, 72070, 72141, 73030, 73221, 97010, 97014, 97035, 97110, 97124, 98940, 99202, 99203, 99211, 99212, and 99213. Defendant has objected stating that these requests are vague, ambiguous, harassing, irrelevant, immaterial, not reasonably calculated to lead to admissible evidence, unduly burdensome and/or the records do not exist.
Defendant’s objections are hereby overruled. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY shall produce a report including every claim from medical providers in geozip 330__ for the time period from three (3) months prior to, and three (3) months subsequent to the dates of service 8/23/2011 through 2/23/2012 for the following CPT Codes involved in the current litigation, 72050, 72070, 72141, 73030, 73221, 97010, 97014, 97035, 97110, 97124, 98940, 99202, 99203, 99211, 99212, and 99213. Said GeoZip report shall include the claim number, the date of service, the CPT code, the amount of each healthcare providers’ charge for each CPT code, the name of the healthcare provider and the zip code of each healthcare provider. Defendant shall also attest that the GeoZip Report is true, contains accurate information, authentic and constitutes a STATE FARM business record.
In the alternative, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY may produce each and every explanation of benefit (EOB) and/or explanation of review (EOR) generated by Defendant for the geozip 330__ for the time period from three (3) months prior to, and three (3) months subsequent to the dates of service 8/23/2011 through 2/23/2012 for the following CPT Codes involved in the current litigation, 72050, 72070, 72141, 73030, 73221, 97010, 97014, 97035, 97110, 97124, 98940, 99202, 99203, 99211, 99212, and 99213. Defendant shall also attest that the EOBs/EORs are true, contain accurate information, authentic and constitute a STATE FARM business record.
Defendant shall have 45 days from the date of this Order within which to produce the aforementioned documents.
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