22 Fla. L. Weekly Supp. 745a
Online Reference: FLWSUPP 2206MSCHInsurance — Personal injury protection — Discovery — Reimbursement rates accepted by medical provider from health insurers, workers’ compensation insurer, Medicaid, Medicare, and cash-paying patients are not discoverable — Provider’s billing policies and fee schedules pertaining to Florida no-fault insurers for CPT codes at issue and documents pertaining to payments made by Florida no-fault insurers for CPT codes at issue are discoverable
MICHAEL J. COHEN, D.C., P.A. d/b/a NOB HILL FAMILY CHIROPRACTIC CLINIC, A FLORIDA CORPORATION a/a/o MICHAEL SCHOTT, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 12-12160 COCE 51. November 24, 2014. Martin R. Dishowitz, Judge. Counsel: Russel Lazega, Florida Advocates, Dania Beach, for Plaintiff. Elinis M. Sequeira, Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, PA, for Defendant.
ORDER ON DEFENDANT’S MOTION TOCOMPEL BETTER RESPONSES TO DEFENDANT’SSUPPLEMENTAL REQUEST TO PRODUCE
THIS CAUSE having come on to be heard on November 3, 2014 on Defendant’s Motion to Compel Better Responses to Supplemental Request to Produce, and following argument of counsel, and the Court being otherwise fully advised in the premises,
It is hereby ORDERED and ADJUDGED as follows:
Defendant’s Motion is GRANTED in Part and DENIED in Part.
1. As to the Plaintiff’s objections to Defendant’s requests in paragraphs 1, 2, 7, 8, 9 and 12, Plaintiff’s objections are sustained as the Court deems information regarding reimbursement rates of health insurers, workers compensation insurers, cash paying patients, Medicaid and Medicare wholly irrelevant regarding the issue of reasonableness of the amount charged and/or accepted by a medical provider for services rendered in a dispute regarding Florida no fault benefits.
2. As to Defendant’s requests in paragraphs 3, Plaintiff shall produce all documents reflecting the Plaintiff’s billing policies as it pertains to the preparation and/or submission of medical bills to Florida no fault insurers for the CPT codes at issue in this cause in effect during the time period three (3) months before the first date of service through three (3) months after the last date of service within forty-five (45) days of this date of this Order
3. As to Defendant’s requests in paragraphs 4, Plaintiff shall produce any type of billing schedule, chart or fee schedule pertaining to amounts charged by the Plaintiff to Florida no fault insurers for the CPT codes at issue in this cause in effect during the time period three (3) months before the first date of service through three (3) months after the last date of service within forty-five (45) days of this date of this Order
4. As to Defendant’s requests in paragraphs 6, Plaintiff shall produce all documents pertaining to payments made by Florida no fault insurers to the Plaintiff for the CPT codes at issue in this cause for the three (3) months before the first date of service through three (3) months after the last date of service within forty-five (45) days of this date of this Order
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