23 Fla. L. Weekly Supp. 631b
Online Reference: FLWSUPP 2306GCASInsurance — Discovery — Documents — Insurer is required to produce geozip report reflecting medical providers in community that have performed CPT codes at issue during relevant period in 2009, amounts charged by providers and amounts allowed and paid by insurer — Objection to request to produce geozip report for December 2007 is sustained — Insurer is required to produce certified copy of PIP policy and declarations page
CENTRAL PALM BEACH IMAGING, LLC D/B/A MEDICAL CENTER IMAGING, LLC, A FLORIDA CORP. (A/A/O CASTIBLANCO, GERMAN 2), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 502014SC006298XXXXMB. November 5, 2015. Robert G. Panse, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff.
ORDER COMPELLING PRODUCTION OF “GEO-ZIP”REPORT AND CERTIFIED COPY OF SUBJECTAUTOMOBILE INSURANCE POLICY
THIS CAUSE having come before the Court on October 29, 2015 upon Defendant’s Objections to duces tecum item number 26 of Plaintiff’s Notice of Taking Deposition and Defendant’s Objections to Plaintiff’s First Request for Production item nos. 67, 68, 72 and 73. In addition, the Court considered Plaintiff’s request to compel production of a certified copy of the subject automobile insurance policy that had been requested as part of Plaintiff’s First Request for Production served February 4, 2015. The Court heard argument of counsel and was otherwise fully advised. Plaintiff’s specific discovery requests, Defendant’s corresponding responses thereto, and the Court’s rulings as to each, are as follows:
1. Duces Tecum Number 26 of Plaintiff’s Notice of Taking Deposition
A chart, report, matrix, graphic depiction, spreadsheet or other visual display using Decision Point software or similar software that reflects: (1) the medical providers in the Community that have performed the Relevant CPT Code Procedure(s), during the Relevant Period, and who have billed Defendant for those procedures; (2) the amounts that other medical providers have charged for performing the Relevant CPT Code Procedure(s), during the Relevant Period; (3) the amounts that Defendant has allowed as reasonable, approved or authorized charges for medical providers in the Community that have billed Defendant for the Relevant CPT Code Procedure(s), for procedures performed during the Relevant Period; and (4) the amounts that Defendant has paid medical providers in the Community that have billed Defendant for the Relevant CPT Code Procedure(s), for procedures performed during the Relevant Period.
Defendant’s Objections to Duces Tecum Number 26
Irrelevant, immaterial, trade secret, proprietary, overbroad, unduly burdensome, violates third party privacy, HIPPA violation, not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, this document does not exist.
Ruling on Defendant’s Objections to Duces Tecum Number 26
Pursuant to Florida’s no fault statute, with respect to a determination of whether a charge for a particular service is reasonable, consideration may be given to reimbursement levels in the community and other information relevant to the reasonableness of the reimbursement for the service. Sec. 627.736(5)(a)(1), Fla. Stat.
This Court finds that duces tecum number 26 is relevant and reasonably calculated to lead to the discovery of admissible evidence with respect to the reasonableness of Plaintiff’s charges for the subject MRI procedures performed.
Defendant shall prepare and produce to counsel for Plaintiff the “chart, report, matrix, graphic depiction, spreadsheet or other visual display using Decision Point software or similar software” requested in duces tecum number 26, reflecting the (1) the medical providers in the Community (the 334 Geo Zip where Plaintiff provided the medical services) that have performed the 72148 and 72141 CPT Code procedures that are the subject of this lawsuit, for the time period of June 12, 2009 through October 12, 2009, and who have billed Defendant for those procedures; (2) the amounts that other medical providers in Geo Zip 334 have charged for performing the 72148 and 72141 CPT Code procedures, for the time period of June 12, 2009 through October 12, 2009; (3) the amounts that Defendant has allowed as reasonable, approved or authorized charges for medical providers in Geo Zip 334 that have billed Defendant for the 72148 and 72141 CPT Code procedures, for procedures performed for the time period of June 12, 2009 through October 12, 2009; and (4) the amounts that Defendant has paid medical providers in Geo Zip 334 that have billed Defendant for the 72148 and 72141 CPT Code procedures, for the time period of June 12, 2009 through October 12, 2009 (the “Geo Zip Report”).
The Geo Zip Report and its contents shall be kept confidential and used only for the purpose of the present litigation and for no other purpose. The Geo Zip Report and its contents shall not be published or disseminated in any manner by the Plaintiff or its counsel absent the express written consent of the Defendant, through Defendant’s counsel, or further Order of the Court.
2. Request to Produce Nos. 67, 68, 72 and 73
67. Using Decision Point, please prepare a report showing what other medical providers in the Community have charged for the same CPT codes at issue in this lawsuit, for medical services rendered from December 1, 2007 to December 31, 2007.
68. Using Decision Point, please prepare a report showing what You have reimbursed other medical providers in the Community for the same CPT codes at issue in this lawsuit, for medical services rendered from December 1, 2007 to December 31, 2007.
72. Using Decision Point, please prepare a report showing what other medical providers in the Community have charged for the same CPT codes at issue in this lawsuit, for medical services rendered during the Relevant Period.
73. Using Decision Point, please prepare a report showing what You have reimbursed other medical providers in the Community for the same CPT codes at issue in this lawsuit, for medical services rendered during the Relevant Period.
Defendant’s Objections to Request to Produce Numbers 67, 68, 72 and 73
Irrelevant, harassing, vague, overbroad, unduly burdensome, work product, and not reasonably calculated to lead to the discovery of admissible evidence. Furthermore, a party cannot be compelled to produce documents that do not exist. Allstate Ins. Co. v. Pinder, 746 So.2d 1255 (Fla. 5th DCA) [25 Fla. L. Weekly D136a]
Ruling on Defendant’s Objections to Request to Produce Numbers 67 and 68
Defendant’s objections to request to produce numbers 67 and 68 are SUSTAINED, and Defendant need not produce a Geo Zip Report reflecting the charges of other medical providers in the Community or Defendant’s reimbursements to those providers in the Community for services rendered during the month of December 2007.
Ruling on Defendant’s Objections to Request to Produce Numbers 72 and 73
Defendant’s objections to request to produce numbers 72 and 73 are OVERRULED, and Defendant shall produce the Geo Zip Report as required under paragraph 1 above within thirty (30) days from the date of this Order.
3. Request to Produce Number 19 of Plaintiff’s First Request for Production
Please provide a complete certified copy of the PIP policy and declarations page for the policy at issue in this litigation and any and all documents containing the terms and provisions which you contend were or are part of such policy.
Defendant’s Response, served August 31, 2015
Requested; will be produced upon receipt.
Ruling
Defendant shall have ten (10) days to produce a complete certified copy of the PIP policy and declarations page for the policy at issue in this litigation and any and all documents containing the terms and provisions which Defendant contends were or are part of such policy.
Accordingly, it is
ORDERED that Defendant’s objections to duces tecum item no. 26 and request to produce nos. 72 and 73 are OVERRULED, and Defendant’s objections to request to produce nos. 67 and 68 are SUSTAINED. Defendant shall produce the Certified Copy of its policy within ten (10) days and the Geo Zip Report within thirty (30) days.
