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PHYSICIANS MEDICAL CENTER, INC., as assignee for BERNIE BRISTOW, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant

23 Fla. L. Weekly Supp. 341a

Online Reference: FLWSUPP 2304BRISInsurance — Discovery — Medical provider is required either to produce procedure report reflecting each time CPT codes at issue were billed and payments accepted from all insurers and cash paying patients during 2010 or to file objection to producing report — If provider objects that production of report is unduly burdensome, determination of issue will be made in separate hearing — If court concludes that production of report would be unduly burdensome, provider will be required to produce at least one document evidencing amounts billed and accepted for each CPT code at issue from all insurers and cash paying patients during 2010

PHYSICIANS MEDICAL CENTER, INC., as assignee for BERNIE BRISTOW, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2013-SC-002382, Division CC-D. February 27, 2014. Ronald Higbee, Judge. Counsel: Rinaman & Associates, P.A., Jacksonville, for Defendant.

ORDER ON DEFENDANT’S MOTIONTO COMPEL RESPONSES

THIS MATTER, having come before this Court at the February 25, 2014 hearing on Defendant’s Motion to Compel Better Responses to Defendant’s Interrogatories and Request to Produce, and the Court being otherwise duly advised in the premises, it is hereby

ORDERED AND ADJUDGED:

1. Within fourteen (14) days of the February 25, 2014 hearing, Plaintiff must provide a response as to whether Plaintiff will produce a procedure report indicating each time the CPT codes at issue were billed and the amount Plaintiff charged and accepted each time. This procedure report is to include charges and payments from all in-network and out-of-network health insurance companies, as well as cash paying patients for the year 2010. If Plaintiff will produce a procedure report, Plaintiff must do so within twenty-eight (28) days of the February 25, 2014 hearing. If Plaintiff makes an objection to producing said report as inordinate or unduly burdensome after making a reasonable effort to produce the report, the Court will make a burdensome determination in a separate hearing.

2. If the Court determines that producing a procedure report is unduly burdensome, Plaintiff shall be required to produce at least one explanation of benefit/review, or other document evidencing amounts billed and accepted by Plaintiff, for each CPT code at issue in this case from all in-network and out-of-network health insurance companies, as well as cash paying patients for the year 2010. Plaintiff shall produce this information within forty-five (45) days of this Court ruling that the procedure report production is burdensome.

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