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OPTIMUM REHABILITATION SPECIALISTS, INC., As assignee of Jessica Rodriguez, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant

22 Fla. L. Weekly Supp. 1111a

Online Reference: FLWSUPP 2209RODRInsurance — Personal injury protection — Discovery — Reasonableness of charges — Medical provider is ordered to disclose amount charged and received for CPT codes at issue during month service was rendered

OPTIMUM REHABILITATION SPECIALISTS, INC., As assignee of Jessica Rodriguez, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Lee County, Small Claims Division. Case No. 13-SC-051179. February 5, 2015. Leigh Frizzell Hayes, Judge. Counsel: Michael C. McQuagge, Fort Myers, for Plaintiff. Diane Cassie Bermudez, Andrews & Manno, P.A., Tampa, for Defendant.

AMENDED ORDER ON DEFENDANT’S MOTIONTO COMPEL BETTER RESPONSES

THIS CAUSE came before the Court on the Defendant’s Motion to Compel Better Responses to Defendant’s Discovery. After hearing and reviewing the parties’ case law and legal argument, the Court finds that the amount the provider charges and the amount the provider receives are both relevant in a personal injury protection case. The Court understands the privacy concerns, however, no patient name or personal medical facts need be disclosed to the Defendant. The Court is also aware that the Plaintiff searching records over a long period of time would be burdensome. Therefore, it is hereby

ORDERED AND ADJUDGED that the Plaintiff shall disclose to the Defendant how much it charged for each CPT code at issue and how much it was paid for each CPT code at issue. That information is to be limited to the month of the date of service for a CPT code. For instance, a service rendered on February 18, 2014 would require the provider Plaintiff to disclose the above information for the month of February 2014. The Plaintiff shall provide this information within 90 days of the date of this Order.

The Court reserves on the issues of costs and fees.

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