22 Fla. L. Weekly Supp. 471a
Online Reference: FLWSUPP 2204ALZAInsurance — Personal injury protection — Discovery — Depositions — In deposition of insurer’s corporate representative, medical provider is entitled to inquire about general claim information, method of calculating reimbursement, and reimbursement levels in community
PRECISION DIAGNOSTIC, INC., A FLORIDA CORP., A/A/O ALZATE, JOSE, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 50 2012 SC 005763 XXXX SBRD. October 6, 2014. Reginald R. Corlew, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff. Brittany L. Orlando Weisberg, Conroy Simberg, West Palm Beach, for Defendant.
ORDER DENYING DEFENDANT’S AMENDED MOTIONFOR PROTECTIVE ORDER
THIS CAUSE having come before the Court on September 18, 2014 upon the amended motion of the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“STATE FARM”) for a protective order as to the Fla.R.Civ.P. 1.310(b)(6) deposition of the designated corporate representative of STATE FARM. Having considered STATE FARM’s amended motion for a protective order, having heard argument of counsel and being otherwise fully advised, it is hereupon
ORDERED that STATE FARM’s Amended Motion for Protective Order is DENIED, as follows:
1. STATE FARM’s amended motion for protective order with regard to item no. 1 of the designated topics of the Fla.R.Civ.P. 1.310(b)(6) deposition of the designated corporate representative of STATE FARM is DENIED. PRECISION DIAGNOSTIC, INC. (“PRECISION DIAGNOSTIC”) shall be entitled to conduct the deposition of STATE FARM’s designated corporate representative and conduct inquiry regarding general information of the claim under which the above referenced suit was filed.
2. STATE FARM’s amended motion for protective order with regard to item no. 4 of the designated topics of the Fla.R.Civ.P. 1.310(b)(6) deposition of the designated corporate representative of STATE FARM is DENIED. PRECISION DIAGNOSTIC shall be entitled to conduct the deposition of STATE FARM’s designated corporate representative and conduct inquiry regarding the methodology, basis, facts and calculations to determine the reasonableness and payment of PRECISION DIAGNOSTIC’s charges at issue.
3. STATE FARM’s amended motion for protective order with regard to item no. 5 of the designated topics of the Fla.R.Civ.P. 1.310(b)(6) deposition of the designated corporate representative of STATE FARM is DENIED. PRECISION DIAGNOSTIC shall be entitled to conduct the deposition of STATE FARM’s designated corporate representative and conduct inquiry regarding reimbursement levels in the community, as demonstrated by
a. the amounts which diagnostic imaging providers in St. Lucie County, Florida charged STATE FARM for performing an MRI of the cervical spine, without contrast material, CPT Code Procedure 72141, the same CPT Code Procedure that is at issue in this case (the “Relevant CPT Code Procedure”), for procedures performed during the period of time from December 1, 2007 through December 31, 2007 and from October 24, 2011 (30 days prior to the November 23, 2011 date of service in this case) through December 23, 2011 (30 days after the November 23, 2011 date of service in this case); and
b. the amounts which STATE FARM has reimbursed diagnostic imaging providers in St. Lucie County, Florida who have billed STATE FARM for the Relevant CPT Code Procedure, for procedures performed during the period of time from December 1, 2007 through December 31, 2007 and from October 24, 2011 (30 days prior to the November 23, 2011 date of service in this case) through December 23, 2011 (30 days after the November 23, 2011 date of service in this case).
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