22 Fla. L. Weekly Supp. 480a
Online Reference: FLWSUPP 2204MCDOInsurance — Personal injury protection — Discovery — Depositions — Scope of inquiry regarding reimbursement levels in community and documents to be produced at deposition of insurer’s corporate representative
NAPLES HMA, LLC D/B/A, PHYSICIANS REGIONAL MEDICAL CENTER-COLLIER BOULEVARD, A FLORIDA CORP. (A/A/O MCDONALD, CASEY), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 11-2013-SC-1000198-0001-XX. November 6, 2014. Janeice T. Martin, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff. Stephanie Hoffman, Conroy, Simberg, for Defendant.
AMENDED ORDER ON PLAINTIFF’S MOTION TO COMPELRULE 1.310(B)(6) DEPOSITION OF STATE FARM, AND DEFENDANT’S AMENDED MOTION FOR PROTECTIVEORDER TO LIMIT THE SCOPE OF THAT DEPOSITION
THIS CAUSE having come before the Court on October 10, 2014 upon (1) the motion of the Plaintiff, NAPLES HMA, LLC D/B/A PHYSICIANS REGIONAL MEDICAL CENTER-COLLIER BOULEVARD, A FLORIDA CORP. (a/a/o McDonald, Casey) (“PHYSICIANS REGIONAL MEDICAL CENTER”) to compel the corporate representative deposition of STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“STATE FARM”) pursuant to Fla.R.Civ.P. 1.310(b)(6), and (2) STATE FARM’s Amended Motion for a Protective Order to limit the scope of that deposition, and the Court having considered the motions, having heard argument of counsel and being otherwise fully advised, it is hereupon
ORDERED as follows:
1. PHYSICIANS REGIONAL MEDICAL CENTER shall be entitled to conduct the deposition of STATE FARM’s designated corporate representative(s) and conduct inquiry regarding reimbursement levels in the community where the services were performed, as reflected by:
a. the amounts which hospitals in Collier County, Florida have charged STATE FARM for performing CPT Codes 73550, 73630, 70450, 72125, 12002 and 99283 25, the same CPT codes that are at issue in this case (the “Relevant CPT Code Procedures”), for procedures performed during the period of time from December 1, 2010 through May 29, 2011;
b. the amounts which STATE FARM has allowed as reasonable, approved or authorized charges for hospitals in Collier County, Florida who have billed STATE FARM for the Relevant CPT Code Procedures, for procedures performed during the period of time from December 1, 2010 through May 29, 2011; and
c. the amounts which STATE FARM has paid hospitals in Collier County, Florida who have billed STATE FARM for the Relevant CPT Code Procedures, for procedures performed during the period of time from December 1, 2010 through May 29, 2011.
2. STATE FARM shall bring the entire PIP claim file to the deposition. STATE FARM shall not waive any privilege by referring to any materials that are part of the PIP claim file in answering any questions at deposition. Any materials that are not produced under a claim of privilege shall be identified in an appropriate privilege log.
3. STATE FARM need not provide the underwriting file or the application for insurance, unless STATE FARM contests coverage.
4. STATE FARM shall produce at the deposition a report reflecting the following information:
a. identification of hospitals located within the community of Collier County, who have performed the Relevant CPT Code Procedures during the period of time from December 1, 2010 through May 29, 2011, and who have billed STATE FARM for those procedures;
b. the amounts charged by hospitals within the community of Collier County, Florida, for performing the Relevant CPT Code Procedures during the period of time from December 1, 2010 through May 29, 2011;
c. the amounts allowed by STATE FARM as reasonable, approved or authorized charges for the Relevant CPT Code Procedures performed by hospitals within the community of Collier County, Florida, performed during the period of time from December 1, 2010 through May 29, 2011; and
d. the amounts paid by STATE FARM to hospitals located within the community of Collier County, Florida for the Relevant CPT Code Procedures, performed during the period of time from December 1, 2010 through May 29, 2011.
5. The parties shall coordinate the date(s) of the deposition(s) of STATE FARM’s corporate representative(s) who shall testify within 15 days from the date of this Order, the deposition(s) to take place within 60 days from the date of this Order.
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