22 Fla. L. Weekly Supp. 1061a
Online Reference: FLWSUPP 2209BRYAInsurance — Personal injury protection — Discovery — Depositions — Scope of inquiry — Reasonableness of charges — Medical provider is compelled to produce documents regarding payments for CPT codes at issue made by Medicare, Medicaid, workers’ compensation, PPOs, HMOs, private insurance carriers, private pay and other payors and provider’s corporate representative shall testify about charges to and payments by those entities
RBC HEALTH CLINICS, LLC d/b/a POLK ACCIDENT AND REHAB CENTER a/a/o MICHELLE BRYAN, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 2nd Judicial Circuit in and for Leon County. Case No. 2014 SC 364. March 18, 2015. Honorable Robert R. Wheeler, Judge. Counsel: Abraham Ovadia, Boca Raton, for Plaintiff. David M. Gagnon, Taylor, Day, Grimm, Boyd and Johnson, Jacksonville, for Defendant.
ORDER
THIS CAUSE having come before the Court on Defendant’s Motion to Compel Better Responses to State Farm’s Discovery, Defendant’s Motion to Compel the Deposition of Plaintiff’s Corporate Representative, and Defendant’s Motion for Protective Order, and the Court having reviewed the court file, heard argument of counsel and being otherwise fully informed in the premises, finds:
IT IS ORDERED and ADJUDGED as follows:
1. Defendant’s Motion to Compel Better Responses to State Farm’s Discovery is GRANTED. The Court finds the reasonableness of the charges is a factual issue in this lawsuit. Plaintiff shall produce Explanations of Benefits or similar documents covering payments for the CPT code(s) at issue in the instant lawsuit made by Medicare, Medicaid, Worker’s Compensation, PPO, HMO, private insurance carriers (such as Blue/Cross, Blue/Shield, Aetna, Cigna, United Healthcare, Humana, etc.), private pay, or any other payor including automobile insurance carriers for six (6) months before and six (6) months after the dates of service at issue. Plaintiff will redact any confidential patient information.
2. Defendant’s Motion to Compel Deposition is GRANTED. State Farm is permitted to take the deposition of Plaintiff’s Corporate Representative. The Corporate Representative shall testify regarding charges and payments for the CPT code(s) at issue in the instant lawsuit made by Medicare, Medicaid, Worker’s Compensation, PPO, HMO, private insurance carriers (such as Blue/Cross, Blue/Shield, Aetna, Cigna, United Healthcare, Humana, etc.), private pay, or any other payor including automobile insurance carriers for six (6) months before and six (6) months after the dates of service at issue.
3. Defendant’s Motion for Protective Order is GRANTED. Plaintiff may depose the litigation adjuster, but Plaintiff may not depose State Farm’s Corporate Representative at this time.
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