22 Fla. L. Weekly Supp. 742c
Online Reference: FLWSUPP 2206OSGOInsurance — Personal injury protection — Discovery — Depositions — Scope of inquiry at deposition of insurer’s corporate representative regarding reimbursement levels in community
PHYSICIANS GROUP OF SARASOTA, LLC, a/k/a PHYSICIANS GROUP (a/a/o Osgood, Genise), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Sarasota County. Case No. 2011-SC-00598. November 12, 2014. David L. Denkin, Judge. Counsel: Robert Goldman, Florida Advocates, Dania Beach, for Plaintiff. Katherine Shadwick, Reynolds Parrino, St. Petersburg, for Defendant.
ORDER OVERRULING DEFENDANT’S OBJECTIONS AND DENYING DEFENDANT’S MOTION FOR PROTECTIVE ORDER CONCERNING THE SCOPE OFCORPORATE REPRESENTATIVE DEPOSITION
THIS CAUSE having come before the Court on November 3, 2014 upon the Objections and Motion for Protective Order Concerning the Scope of Corporate Representative Deposition, filed by the Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“STATE FARM”), and the Court having considered the motion, having heard argument of counsel and being otherwise fully advised, it is hereupon
ORDERED that STATE FARM’s objections are OVERRULED and the motion is DENIED, as follows:
1. Plaintiff PHYSICIANS GROUP OF SARASOTA, LLC shall be entitled to conduct the deposition(s) of STATE FARM’s designated corporate representative(s) and conduct inquiry regarding reimbursement levels in the community where the services were performed, as reflected by:
a. the amounts which chiropractors and chiropractic facilities in Sarasota County, Florida have charged STATE FARM for performing CPT Codes G0283, 97010, 97012, 97035, 99204, 98940, 99070, 72050 and 72070, 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 1, 2007 through December 31, 2007 and from January 2, 2008 through March 6, 2008.
b. the amounts which STATE FARM has allowed as reasonable, approved or authorized charges for chiropractors and chiropractic facilities in Sarasota County, Florida who have billed STATE FARM for the Relevant CPT Code Procedures, for procedures performed during the period of time from December 1, 2007 through December 31, 2007 and from January 2, 2008 through March 6, 2008; and
c. the amounts which STATE FARM has paid chiropractors and chiropractic facilities in Sarasota County, Florida who have billed STATE FARM for the Relevant CPT Code Procedures, for procedures performed during the period of time from December 1, 2007 through December 31, 2007 and from January 2, 2008 through March 6, 2008.
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