22 Fla. L. Weekly Supp. 970a
Online Reference: FLWSUPP 2208CAPEInsurance — Discovery — Medical provider is not required to produce agreements reflecting amounts charged to and accepted from other payors or documents reflecting payment of amount less than the amount billed to insurer for CPT codes at issue — Provider is required to produce Medicare Cost Report and documents supporting proposition that its charges are reasonable and do not exceed its usual and customary charges
NAPLES HMA LLC., d/b/a PHYSICIANS REGIONAL MEDICAL CENTER-PINE RIDGE, A FLORIDA CORPORATION a/a/o ODER CAPELLAN, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 11 2013 SC 000124 0001 XX. February 24, 2015. Michael J. Provost, Judge. Counsel: Robert Goldman, Florida Advocates, Dania Beach, for Plaintiff. Stephanie Spaulding Hoffman, Conroy Simberg, for Defendant.
ORDER ON MOTION TO COMPEL BETTER RESPONSESTO DEFENDANT’S REQUEST TO PRODUCE
THIS CAUSE having come before the Court on Tuesday, January 20, 2015 upon a number of discovery hearings including Defendant’s Motion to Compel Better Responses to Defendant’s Request to Produce and the Court being otherwise fully advised in the premises thereof and having considered the argument of counsel, it is hereby
ORDERED and ADJUDGED, as follows:
1. As to Defendant’s Request to Produce Paragraph 1, Plaintiff’s objections are sustained and Defendant’s Motion to Compel is denied. Plaintiff is not required to respond further to the following paragraph:
1. All agreements between You and any Payor in effect from July 11, 2009 through July 11, 2010 regarding the amount You charged and accepted for the following Procedure Codes 84703, 81005, 72170, 73510, 70450 and 99284.
2. As to Defendant’s Request to Produce Paragraph 5, Plaintiff’s counsel has proffered that it charges every patient the same amount as State Farm was charged in this matter. Therefore Defendant withdraws its Motion to Compel and may pursue the line of questioning at deposition.
3. As to Defendant’s Request to Produce Paragraph 6, Plaintiff’s objections are sustained and Defendant’s Motion to Compel is denied. Plaintiff is not required to respond further to the following paragraph:
6. To the extent that You were paid by any Payor an amount less than the amounts You have charged for Procedure Codes 84703, 81005, 72170, 73510, 70450 and 99284 in this case, produce all documents reflecting the different amounts that You were paid from each such Payor from October 11, 2009 through February 11, 2010.
4. As to Defendant’s Request to Produce Paragraph 10, Plaintiff’s objections are overruled. Plaintiff shall produce “All documents that support the proposition that Your charges in this case are reasonable and do not exceed Your usual and customary charges.”
5. As to Defendant’s Request to Produce Paragraph 11, Plaitniff’s objections are overruled in part. Plaintiff shall produce the Medicare Cost Report covering the date of service in this case, identified as January 11, 2010.
6. Plaintiff shall have forty-five (45) days from the date of entry of this order to produce better responses to Defendant’s Request to Produce, dated June 25, 2013.
* * *
