22 Fla. L. Weekly Supp. 475a
Online Reference: FLWSUPP 2204XTREInsurance — Personal injury protection — Discovery — Depositions — Documents to be produced at deposition of medical provider
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. November 3, 2014. Linda R. Pratt, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff.
ORDER ON PLAINTIFF’S MOTION FOR PROTECTIVE ORDER AND OBJECTIONS TO DEPOSITION DUCES TECUM
THIS CAUSE having come before the Court on October 14, 2014 upon the motion of the Plaintiff XTREME CHIROPRACTIC & REHAB, INC.’s (“XTREME CHIROPRACTIC”) for a protective order and objections to the documents that the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“STATE FARM”) has requested pursuant to a Notice of Taking Deposition Duces Tecum. Of the 29 categories of items requested in STATE FARM’s Duces Tecum, XTREME CHIROPRACTIC moved for a protective order and objected to item nos. 1-11, 13-16, 19, 23, 24, 26, 27 and 29. Having considered the motion and objections, having heard argument of counsel and being otherwise fully advised, it is hereupon
ORDERED that XTREME CHIROPRACTIC’s Motion for Protective Order is GRANTED in part and DENIED in part, and its objections to Deposition Duces Tecum are SUSTAINED in part and OVERRULED in part, as follows:
1. XTREME CHIROPRACTIC shall not be required to produce contracts with HMOs, PPOs, medicare or worker’s compensation carriers, as requested in duces tecum item no. 1. In lieu of the production of such confidential information, XTREME CHIROPRACTIC shall prepare and produce a report reflecting the range of reimbursement amounts 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”), received from any such payors from which XTREME CHIROPRACTIC accepts payment/reimbursement during the period of time from six (6) months prior to the July 4, 2011 date of treatment through six (6) months after the October 7, 2011 date of treatment (i.e., from January 5, 2011 through April 7, 2012) (the “Report”). The Report shall not identify specific payors, but must generally identify the category of each payor with a numerical reference (e.g., HMO#1, HMO#2, PPO#1, PPO#2, etc.). At the deposition of XTREME CHIROPRACTIC, the person deposed should be able to generally address the percentage of XTREME CHIROPRACTIC’s business derived from the various categories of payors represented in the Report.
2. XTREME CHIROPRACTIC’s motion for protective order is GRANTED and objections SUSTAINED with regard to duces tecum item no. 2, and XTREME CHIROPRACTIC shall not be required to produce agreements between XTREME CHIROPRACTIC and any party relating to the preparation, submission, and/or collection of bills for medical services, as requested in duces tecum item no. 2, as such items are not relevant to the reasonableness of the price charged.
3. XTREME CHIROPRACTIC shall not be required to produce “all documents reflecting [its] billing policies”, as requested in duces tecum item no. 3, which counsel for STATE FARM represented to mean “the policy of how they do their billing”. XTREME CHIROPRACTIC’s motion for protective order is GRANTED and objections SUSTAINED, as it is not clear to the Court what duces tecum item no. 3 means. At the deposition of XTREME CHIROPRACTIC, counsel for STATE FARM may inquire as to XTREME CHIROPRACTIC’s billing policies.
4. XTREME CHIROPRACTIC’s motion for protective order is DENIED and objections OVERRULED with regard to duces tecum item no. 4. XTREME CHIROPRACTIC shall be required to produce the billing schedule, chart or fee schedule used for the Relevant CPT Code Procedures the period of time from six (6) months prior to the July 4, 2011 date of treatment through six (6) months after the October 7, 2011 date of treatment (i.e., from January 5, 2011 through April 7, 2011), as requested in duces tecum item no. 4.
5. XTREME CHIROPRACTIC’s motion for protective order is DENIED and objections OVERRULED with regard to duces tecum item no. 5. XTREME CHIROPRACTIC shall be required to produce all documents reflecting the difference in amounts charged to different Payors from three months prior to the July 4, 2011 date of treatment through one (1) month after the October 7, 2011 date of treatment, as requested in duces tecum item no. 5.
6. XTREME CHIROPRACTIC’s motion for protective order is GRANTED and objections SUSTAINED with regard to duces tecum item no. 6. XTREME CHIROPRACTIC shall not be required to produce all documents reflecting the different amounts that XTREME CHIROPRACTIC was paid from different Payors, as requested in duces tecum item no. 6, as the production of the Report under paragraph 1 above shall be sufficient.
7. XTREME CHIROPRACTIC’s motion for protective order is GRANTED and objections SUSTAINED with regard to duces tecum item no. 7, and XTREME CHIROPRACTIC shall not be required to produce agreements relating to the factoring, sale, assignment or transfer of any receivables or bills, as such items are not relevant to the reasonableness of the price charged.
8. XTREME CHIROPRACTIC’s motion for protective order is GRANTED and objections SUSTAINED with regard to duces tecum item no. 8, and XTREME CHIROPRACTIC shall not be required to produce documents reflecting the amounts that XTREME CHIROPRACTIC may have accepted pursuant to any agreements relating to the factoring, sale, assignment or transfer of any receivables or bills, as such items are not relevant to the reasonableness of the price charged.
9. XTREME CHIROPRACTIC’s motion for protective order is DENIED and objections OVERRULED with regard to duces tecum item no. 9, and XTREME CHIROPRACTIC shall be required to produce documents reflecting any communications with any health care provider or consultant regarding the reasonableness of its charges or whether its charges for the Relevant CPT Code Procedures were usual and customary, for the period of time from six months before the first date of service at issue through six months after the last date of service at issue, as requested in duces tecum item no. 9, to the extent that such documentation exists.
10. XTREME CHIROPRACTIC’s motion for protective order is DENIED and objections OVERRULED with regard to duces tecum item no. 10. To the extent that such documentation exists and XTREME CHIROPRACTIC intends to use and/or rely upon same at trial, XTREME CHIROPRACTIC shall be required to produce all documents that XTREME CHIROPRACTIC intends to use and/or rely upon at trial that support the proposition that its charges in this case for the Relevant CPT Code Procedures are reasonable and do not exceed its usual and customary charges and payments accepted, as requested in duces tecum item no. 10.
11. XTREME CHIROPRACTIC’s motion for protective order is GRANTED and objections SUSTAINED with regard to duces tecum item no. 11, and XTREME CHIROPRACTIC shall not be required to produce Medicare Cost Reports.
12. XTREME CHIROPRACTIC’s motion for protective order is DENIED and objections OVERRULED with regard to duces tecum item no. 13. XTREME CHIROPRACTIC shall be required to produce sign in sheets reflecting Jeanigh Jean-Baptiste’s office visits, as requested in duces tecum item no. 13.
13. XTREME CHIROPRACTIC’s motion for protective order is DENIED and objections OVERRULED with regard to duces tecum item no. 14. XTREME CHIROPRACTIC shall be required to produce Curricula Vitae for persons who treated or examined Jeanigh Jean-Baptiste, as requested in duces tecum item no. 14.
14. XTREME CHIROPRACTIC’s motion for protective order is DENIED and objections OVERRULED with regard to duces tecum item no. 15. XTREME CHIROPRACTIC shall be required to produce Jeanigh Jean-Baptiste’s complete medical and billing files for all dates of treatment, including X-Ray films (upon STATE FARM’s pre-payment for the reasonable costs incurred to prepare copies of such films) as requested in duces tecum item no. 15.
15. XTREME CHIROPRACTIC’s motion for protective order is DENIED and objections OVERRULED with regard to duces tecum item no. 16. XTREME CHIROPRACTIC shall be required to produce any statements that may exist, of Jeanigh Jean-Baptise or any other witness, physician, physician’s assistant, technician, diagnostic test technician, therapist, etc., relative to the subject accident and treatment, as requested in duces tecum item no. 16.
16. XTREME CHIROPRACTIC’s motion for protective order is GRANTED and objections SUSTAINED with regard to duces tecum item no. 19. XTREME CHIROPRACTIC shall not be required to produce any and all correspondence between counsel for XTREME CHIROPRACTIC and STATE FARM with regard to the claim at issue, as requested in duces tecum item no. 19.
17. XTREME CHIROPRACTIC’s motion for protective order is DENIED and objections OVERRULED with regard to duces tecum item no. 23. XTREME CHIROPRACTIC shall be required to produce prescription and referrals for diagnostic testing regarding Jeanigh Jean-Baptiste, as part of the complete medical file, as requested in duces tecum item no. 23.
18. XTREME CHIROPRACTIC’s motion for protective order is DENIED and objections OVERRULED with regard to duces tecum item no. 24. XTREME CHIROPRACTIC shall be required to produce any and all documents signed by Jeanigh Jean-Baptiste, as part of the complete medical file and billing file, as requested in duces tecum item no. 24.
19. XTREME CHIROPRACTIC’s motion for protective order is GRANTED and objections SUSTAINED with regard to duces tecum item no. 26. XTREME CHIROPRACTIC shall not be required to produce any and all evidence or documentation that XTREME CHIROPRACTIC was registered as a clinic in 2011, as requested in duces tecum item no. 26.
20. XTREME CHIROPRACTIC’s motion for protective order is GRANTED and objections SUSTAINED with regard to duces tecum item no. 27. XTREME CHIROPRACTIC shall not be required to produce documentation evidencing that XTREME CHIROPRACTIC had a medical director or clinical director when services were rendered to Jeanigh Jean-Baptiste, as requested in duces tecum item no. 27.
21. XTREME CHIROPRACTIC’s motion for protective order is GRANTED and objections SUSTAINED with regard to duces tecum item no. 29. XTREME CHIROPRACTIC shall not be required to produce any and all demand letters provided to STATE FARM, as requested in duces tecum item no. 29
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