22 Fla. L. Weekly Supp. 454a
Online Reference: FLWSUPP 2204LANEInsurance — Personal injury protection — Discovery — Non-parties — Non-party hospitals’ rates of reimbursement from health insurance are confidential and protected as trade secrets, and insurer has not shown necessity for information so as to overcome those protections — Discovery is allowed as to non-party hospitals’ customary charges billed for CPT codes and prescription drugs at issue and reimbursement amounts accepted from Medicare, Medicaid, uninsured and self-pay patients, and other PIP insurers for those CPT codes and drugs
SACRED HEART HOSPITAL ON THE EMERALD COAST GUILD, INC., a Florida Corp. (assignee of Lane, Dara), Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 1st Judicial Circuit in and for Okaloosa County. Case No. 2013-SC-001665(C). September 29, 2014. Honorable James C. Ward, Judge. Counsel: Russel M. Lazega, Florida Advocates, Dania Beach, for Plaintiff. James C. Rinaman, III, James C. Rinaman & Associates, P.A., Jacksonville, for Defendant. Walter J. Taché, Miami, for Non-Parties, Twin Cities Hospital and Fort Walton Beach Medical Center.
ORDER ON NON-PARTIES, TWIN CITIES HOSPITALAND FORT WALTON BEACH MEDICAL CENTER’S,MOTIONS TO QUASH SUBPOENA SERVED BYDEFENDANT AND FOR PROTECTIVE ORDER
THIS CAUSE having come on to be heard on this 1st day of July, 2014, on Non-Party Twin Cities Hospital’s Motion to Quash Subpoena Served by Defendant and for Protective Order, as well as Fort Walton Beach Medical Center’s Motion to Quash Subpoena Served by Defendant and for Protective Order (hereinafter, collectively the “Motions”), and the Court having considered the records, having heard counsel, and being otherwise advised in the premises, it is hereupon
ORDERED AND ADJUDGED that said Motions be, and the same is hereby GRANTED in part.
The Court finds that information relating to either Twin Cities Hospital’s or Fort Walton Beach Medical Center’s (collectively, the “Hospitals”) rates of reimbursement from health insurance are confidential and protected as a trade secret under Florida law. The Defendant did not show a reasonable necessity for any such information so as to overcome the protections of Section 90.506 and 688.002, Florida Statutes.
The Court will allow discovery limited to the Hospitals’ customary billed charges for CPT codes 70450 (CT Scan of the head/brain), 72125 (CT Scan of the C spine), and 99283 (office visit), as well as the prescription drugs Flexeril 10MGS PO and Lortab 5MG PO. The Court will also allow the discovery of the Hospitals’ reimbursement amounts from Medicare, Medicaid, uninsured, self-pay and other Personal Injury Protection insurance for CPT codes 70450 (CT Scan of the head/brain), 72125 (CT Scan of the C spine), and 99283 (office visit), as well as the prescription drugs Flexeril 10MGS PO and Lortab 5MG PO — to the extent it can be determined. This permitted discovery shall be limited to the time frame of January 1, 2007 through June 1, 2008.
Defendant shall provide advanced cost for the production of these documents pursuant to Section 92.153, Florida Statutes and Florida Rule of Civil Procedure 1.351. Defendant and the Hospitals shall coordinate regarding the costs and timing of such production.
The Court reserves jurisdiction concerning the Hospital’s request for attorneys’ fees relating to the Motions and hearing on the Motions.
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