22 Fla. L. Weekly Supp. 764b
Online Reference: FLWSUPP 2206GAYInsurance — Personal injury protection — Discovery — Depositions — Order on documents to be produced at deposition of insurer’s corporate representative and scope of inquiry at deposition regarding calculations used to determine payments made to medical provider and reimbursement levels in community
NAPLES HMA, LLC D/B/A PHYSICIANS REGIONAL MEDICAL CENTER- PINE RIDGE, (ASSIGNEE OF GAY, KRISTEN), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 11-2013-SC-000152-0001-XX. November 24, 2014. Robert L. Crown, Judge. Counsel: Mishaal Patel, Florida Insurance Advocates, Dania Beach, for Plaintiff. Abbi S. Freifeld, Roig Lawyers, Deerfield Beach, for Defendant.ORDER
THIS CAUSE having come before the Court on DEFENDANT’S AMENDED MOTION FOR PROTECTIVE ORDER as to the deposition of Defendant’s Corporate Representative and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon,
ORDERED AND ADJUDGED that said motion be, and the same is hereby:
Granted in part, denied in part.
1. As to Areas of Testimony, the witness shall have knowledge with respect to designated topics #1-3 and #6. The witness shall also have knowledge with respect to the basis, facts and calculations used to determine payments made to the Plaintiff in this case. With respect to designated topic #5, the witness shall also have knowledge with respect to the amounts charged by hospitals in Lee and Collier Counties for the CPT codes at issue in the instant lawsuit during the period of time from September 8, 2010 through November 7, 2010. The witness need not have knowledge as to amounts paid, but will have knowledge with respect to approved reimbursement amounts for the codes indicated.
2. As to Duces Tecum, the witness shall produce at the deposition a copy of the claims file, without waiver of any privileges. Additionally, the witness shall also produce a report using Decision Point Software or similar software reflecting the amounts charged by hospitals in Lee and Collier counties for the same CPT codes at issue in the lawsuit during the period of time from September 8, 2010 through November 7, 2010. The report need not contain information as to amounts paid out by State Farm, but will indicate the approved reimbursement amounts for the codes indicated.
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