22 Fla. L. Weekly Supp. 745b

Online Reference: FLWSUPP 2206COHEInsurance — Personal injury protection — Discovery — Interrogatories — Medical provider is not required to disclose reimbursement rates accepted from health insurers, workers’ compensation, Medicaid, Medicare, and cash-paying patients — Provider is required to disclose whether it accepted an amount from other Florida no fault insurers for CPT codes at issue that is less than amount paid by insurer

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 23, 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 ANSWERS TO DEFENDANT’SSUPPLEMENTAL INTERROGATORIES

THIS CAUSE having come on to be heard on November 3, 2014 on Defendant’s Motion to Compel Better Answers to Supplemental Interrogatories, and following argument of counsel and the Court being otherwise fully advised in the premises,

It is hereby ORDERED and ADJUDGED as follows:

1. Defendant’s Motion is GRANTED in Part and DENIED in Part.

2. Plaintiff’s objections to Defendant’s supplemental interrogatories in paragraphs 5, 8, 9 and 13 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.

3. As to Plaintiff’s objections to Defendant’s Interrogatory in paragraphs 7, the Plaintiff shall disclose if it accepted an amount as payment in full from Florida no fault insurers for the same CPT codes at issue in this cause, an amount being less than the amount paid by the Defendant in this cause, during the time period commencing 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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