22 Fla. L. Weekly Supp. 764a
Online Reference: FLWSUPP 2206FLETInsurance — 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- PINE RIDGE, a Florida Corp. (a/a/o Fletcher, Raymond), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 11-2013-SC-000154-0001-XX. November 10, 2014. Michael J. Provost, Judge. Counsel: Mishaal Patel, Florida Advocates, Dania Beach, for Plaintiff. Abbi Friefeld, Roig Lawyers, Deerfield Beach, for Defendant.
ORDER ON DEFENDANT’S MOTION FOR PROTECTIVE ORDER AS TO THE DEPOSITION OF DEFENDANT’S CORPORATE REPRESENTATIVE
THIS CAUSE having come before the Court on October 20, 2014 upon the motion of the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“STATE FARM”). STATE FARM has filed a Motion for Protective Order regarding Plaintiff’s request to conduct the deposition of Defendant’s corporate representative, and the Court having considered the motions, having heard argument of counsel and being otherwise fully advised, it is hereupon
ORDERED as follows:
1. Plaintiff shall be entitled to conduct the deposition of STATE FARM’s designated corporate representative and conduct inquiry regarding reimbursement levels in the community where the services were performed, as reflected by
a. the amounts which Hospital facilities in Collier and Lee County, Florida have charged STATE FARM for performing CPT Codes 90714, 90471, and 99284-25 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 18, 2008 through February 16, 2009;
b. the amounts which STATE FARM has allowed as reasonable, approved or authorized charges for hospital facilities in Collier and Lee County, Florida who have billed STATE FARM for the Relevant CPT Code Procedures, for procedures performed during the period of time from December 18, 2008 through February 16, 2009; and
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, as STATE FARM extended coverage.
4. STATE FARM shall produce at the deposition a report using Decision Point Software or similar software, reflecting the following information:
a. identification of hospital facilities located within the Community of Collier and Lee County, who have performed the Relevant CPT Code Procedures during the period of time from December 18, 2008 through February 16, 2009, and who have billed STATE FARM for those procedures;
b. the amounts charged by hospital facilities within the Community of Collier and Lee County, Florida, for performing the Relevant CPT Code Procedures during the period of time from December 18, 2008 through February 16, 2009; and
c. the amounts allowed by STATE FARM as reasonable, approved or authorized charges for the Relevant CPT Code Procedures performed by hospital facilities within the Community of Collier and Lee County, Florida, performed during the period of time from December 18, 2008 through February 16, 2009.
d. Defendant’s report need only contain a random sampling of ten (10) of each Relevant CPT Code Procedure among the counties indicated, and in the time frame provided.
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