22 Fla. L. Weekly Supp. 132a
Online Reference: FLWSUPP 2201MAXIInsurance — Discovery — Depositions — When deposing insurer’s corporate representative, medical provider is entitled to inquire into method and calculations used to determine reasonableness of charges, reimbursement levels in community as reflected in amounts insurer has paid to other providers, and factual basis supporting defenses to payment asserted by insurer — Provider is not entitled to inquire into legal basis for defenses
MEDICAL CENTER IMAGING, LLC D/B/A CENTRAL PALM BEACH IMAGING (PATIENT: MAXIME, JOSEPH), 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 001064 SBRS. June 24, 2014. Edward A. Garrison, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff.
ORDER ON DEFENDANT’S MOTION FORPROTECTIVE ORDER AS TO THE DEPOSITION OFDEFENDANT’S CORPORATE REPRESENTATIVE
THIS CAUSE having come before the Court on June 24, 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 Palm Beach County, Florida for MRIs of the cervical and lumbar spine, CPT codes 72141 and 72148, the same CPT codes that are at issue in this case, during the month of December 2007 and during the period of time from May 25, 2008 to June 15, 2008, which is 10 day prior and 10 days subsequent to the June 5, 2008 MRI procedures that were 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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