22 Fla. L. Weekly Supp. 362a
Online Reference: FLWSUPP 2203WHITInsurance — Personal injury protection — Discovery — Documents — Contracts between medical provider and any other insurer, third-party administrator, employer, workers’ compensation provider, or governmental agency are not discoverable — Documents evidencing amount of gross revenue provider received from PIP and medical payment insurers are not discoverable — Provider is required to produce document evidencing cost of break-even point for CPT codes at issue, if such document exists — Interrogatories — Provider is required to state name and address of each insurance company with which it had relationship, contractual or otherwise, in 2008-2010
NEUROLOGY PARTNERS, P.A., d/b/a EMAS SPINE & BRAIN, a/a/o CHARLENE WHITNEY (“Neurology Partners”), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“State Farm”), Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2013-SC-000135-XXXX-XX. September 16, 2014. Scott Mitchell, Judge. Melissa Winer, Shuster & Saben, Jacksonville, for Plaintiff. Jennifer M. Eberly, Conroy, Simberg, Ganon, et. al., for Defendant.
ORDER ON DEFENDANT’S MOTIONTO COMPEL BETTER RESPONSES TO REQUESTTO PRODUCE AND UNVERIFIED ANSWERSTO DEFENDANT’S INTERRROGATORIES
THIS CAUSE having come on to be heard on Defendant’s Motion to Compel Better Responses to Request to Produce and Better Answers to Interrogatories, the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereupon, ORDERED and ADJUDGED that:
1. Parties have agreed that Plaintiff shall provide better Responses to Request to Produce numbers 1, 2, 3, 4, 5, 9, 10, 14, 15, 22, 23 and 24.
2. Request to Produce Number 7: A copy of all contracts entered into between your company and any insurer, Third Party Administrator, employer, workers’ compensation provider or any governmental agency in effect for the years 2007, 2008, 2009 and 2010. This request specifically includes, but is not limited to, any contracted for reimbursement schedules for the CPT codes which are the subject of your complaint.
The Plaintiff’s objections are hereby SUSTAINED. This Court concurs with its sister Court in Rivero Diagnostic Center, Inc. a/a/o Marisely Trujillo v. State Farm Mutual Automobile Insurance Company, 21 Fla. L. Weekly Supp. 804a.
3. Defendant’s Motion to Compel is WITHDRAWN as to Defendant’s Request to Produce Number 8.
4. Request to Produce Number 25: Copies of any documents evidencing the amount of gross revenue you received from personal injury protection and/or medical payments coverage insurance/insurers for the years 2007, 2008, 2009 and 2010. Such documents may include, but may not be limited to; general ledgers, accounts receivable ledgers or tax returns.
The Plaintiff’s objection is hereby SUSTAINED.
5. Request to Produce Number 26: Copies of any documents evidence the cost of service or the break even point for each of the CPT code or codes which you are claiming to be in dispute in this matter. These documents will include any and all financial data, documents or information you use to arrive at the cost basis for the services in dispute (the amount it costs you to perform each service before making a profit).
The Plaintiff’s objection is hereby SUSTAINED in part.
Plaintiff shall produce a document that evidences the break even point for each of CPT Code or codes which Plaintiff is claiming to be in dispute in this matter if such a document exists.
6. The Parties have agreed that Plaintiff shall provide better answers to interrogatories numbered 2, 3, 7, 10, 19 and 23.
7. Interrogatory Number 9: State the name, address and telephone number of each and every insurance company, third part administrator or bill processing company with whom you have had any relationship whether contractual or otherwise for the calendar years 2008, 2009 and 2010. This specifically includes any provider contracts at the time the bill was submitted in this case.
The Plaintiff’s objection is hereby SUSTAINED in part.
Plaintiff shall provide the name and address of each and every insurance company with whom it has had any relationship whether contractual or otherwise for the calendar years 2008, 2009 and 2010.
8. Plaintiff has thirty (30) days from the date of this order to provide the better responses indicated above.
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