22 Fla. L. Weekly Supp. 474a
Online Reference: FLWSUPP 2204JEANInsurance — Personal injury protection — Discovery — Depositions — Scope of inquiry regarding reimbursement levels in community and documents to be produced at deposition of insurer’s corporate representative
XTREME CHIROPRACTIC & REHAB, INC., A FLORIDA CORPORATION (A/A/O JEAN-BAPTISTE, JEANIGH), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 12 26691 COCE 56. October 14, 2014. Linda R. Pratt, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff.
ORDER ON DEFENDANT’S MOTION FORPROTECTIVE ORDER AND OBJECTIONS TO PLAINTIFF’SNOTICE OF TAKING RULE 1.310(B)(6) DEPOSITION OFDEFENDANT’S CORPORATE REPRESENTATIVE
THIS CAUSE having come before the Court on October 14, 2014 upon the motion of the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“STATE FARM”), for a protective order as to Plaintiff XTREME CHIROPRACTIC & REHAB, INC.’s (“XTREME CHIROPRACTIC”) Notice of Taking Fla.R.Civ.P. 1.310(b)(6) deposition of STATE FARM and STATE FARM’s objections to the documents that the STATE FARM corporate representative is requested to produce at the deposition as part of the Duces Tecum, and the Court having considered the motion, having heard argument of counsel and being otherwise fully advised, it is hereupon
ORDERED as follows:
1. XTREME CHIROPRACTIC 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 XTREME CHIROPRACTIC’s charges at issue in this claim about which this lawsuit was filed.
2. At the deposition of STATE FARM’s designated corporate representative, XTREME CHIROPRACTIC shall be entitled to conduct inquiry regarding reimbursement levels in the community of Broward County, Florida, where the services were performed, as reflected by
a. the amounts which chiropractors and chiropractic facilities in Broward County, Florida have charged STATE FARM for performing CPT Codes 97010, 97012, 97035, 97124, 97140, 98940, 99203 and G0283, 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 July 4, 2011 through October 7, 2011;
b. the amounts which STATE FARM has allowed as reasonable, approved or authorized charges for chiropractors and chiropractic facilities in Broward 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 July 4, 2011 through October 7, 2011; and
c. the amounts which STATE FARM has paid chiropractors and chiropractic facilities in Broward 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 July 4, 2011 through October 7, 2011.
3. At the deposition of STATE FARM’s designated corporate representative, XTREME CHIROPRACTIC shall be entitled to conduct inquiry regarding the factual basis supporting each and every defense to payment asserted by STATE FARM as to this claim.
4. STATE FARM shall bring the entire PIP claim file to the deposition. STATE FARM shall not waive any privilege by referring to any materials that are part of the PIP claim file in answering any questions at deposition. Any materials that are not produced under a claim of privilege shall be identified in an appropriate privilege log.
5. In lieu of producing Explanations of Review, STATE FARM shall produce at the deposition a report using Decision Point Software or similar software, reflecting the following information:
a. identification of chiropractors and chiropractic facilities located within the Community of Broward County, who have performed the Relevant CPT Code Procedures during the period of time from December 1, 2007 through December 31, 2007 and from July 4, 2011 through October 7, 2011, and who have billed STATE FARM for those procedures;
b. the amounts charged by chiropractors and chiropractic facilities within the Community of Broward County, Florida, for performing the Relevant CPT Code Procedures during the period of time from December 1, 2007 through December 31, 2007 and from July 4, 2011 through October 7, 2011;
c. the amounts allowed by STATE FARM as reasonable, approved or authorized charges for the Relevant CPT Code Procedures performed by chiropractors and chiropractic facilities within the Community of Broward County, Florida, performed during the period of time from December 1, 2007 through December 31, 2007 and from July 4, 2011 through October 7, 2011; and
d. the amounts paid by STATE FARM to chiropractors and chiropractic facilities located within the Community of Broward County, Florida for the Relevant CPT Code Procedures, performed during the period of time from December 1, 2007 through December 31, 2007 and from July 4, 2011 through October 7, 2011.
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