22 Fla. L. Weekly Supp. 1079a
Online Reference: FLWSUPP 2209MINCInsurance — Personal injury protection — Discovery — Depositions — Medical provider’s corporate representative will testify at deposition regarding payments received from other payors for CPT codes at issue, and documents covering such payments are to be produced
FLORIDA HOSPITAL MEDICAL CENTER, as assignee of Angela Mincy, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2014-SC-1530-O. February 23, 2015. Steve Jewett, Judge. Counsel: Rutledge M. Bradford, Bradford Cederberg, P.A., Orlando, for Plaintiff. David M. Gagnon, Taylor, Day, Grimm, Boyd and Johnson, Jacksonville, for Defendant.
ORDER
THIS CAUSE having come before the Court on Defendant’s Motion for Protective Order, Defendant’s Motion to Compel Better Answers to State Farm’s discovery requests, and Plaintiff’s Motion to Compel the Deposition of State Farm’s Corporate Representative, and the Court having reviewed the court file, heard argument of counsel and being otherwise fully informed in the premises, finds:
IT IS ORDERED and ADJUDGED as follows:
1. Defendant’s Motion to Compel Deposition is GRANTED. State Farm is permitted to take the deposition of Plaintiff’s Corporate Representative. The Corporate Representative shall testify regarding payments for the CPT code(s) at issue in the instant lawsuit made by Medicare, Medicaid, Worker’s Compensation, PPO, HMO, private insurance carriers (such as Blue/Cross, Blue/Shield, Aetna, Cigna, United Healthcare, Humana, etc.), private pay, or any other payor including automobile insurance carriers for six (6) months before and six (6) months after the dates of service at issue.
2. Defendant’s Motion to Compel Better Answers to State Farm’s discovery requests is GRANTED in part. Plaintiff shall produce Explanations of Benefits or similar documents covering payments for the CPT code(s) at issue in the instant lawsuit made by Medicare, Medicaid, Worker’s Compensation, PPO, HMO, private insurance carriers (such as Blue/Cross, Blue/Shield, Aetna, Cigna, United Healthcare, Humana, etc.), private pay, or any other payor including automobile insurance carriers for six (6) months before and six (6) months after the dates of service at issue. The parties are referred to a private mediator for the purposes of determining which documents violate Plaintiff’s trade secret.
3. Plaintiff’s Motion to Compel the Deposition of State Farm’s Corporate Representative is DENIED. Plaintiff may depose the person at State Farm with the most knowledge of the subject claim.
4. All other unresolvable discovery matters shall be mediated. Cost to be equally divided.
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