24 Fla. L. Weekly Supp. 303b
Online Reference: FLWSUPP 2404PHILInsurance — Personal injury protection — Discovery — Medical provider is ordered to produce evidence of payments accepted for CPT codes at issue from Medicare, Medicaid, workers’ compensation, private insurance carriers, private pay, and any other payors — Provider is not required to produce evidence of amounts accepted pursuant to HMO or PPO contracts or private carriers’ contractual reductions
BIGLEY AND ASSOCIATES, P.A., D/B/A PREMIER ORTHOPEDIC OF ORLANDO a/a/o Arnold Philemon, Plaintiff, v. AUTO-OWNERS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2013-SC-006273-O. December 9, 2015. Steven Jewett, Judge. Counsel: Christopher S. Reed, Law Offices of Michael B. Brehne, P.A., Altamonte Springs, for Plaintiff. Adam Muth, Smith, Rolfes & Skavdahl Co., L.P.A., Orlando, for Defendant.
ORDER ON DEFENDANT’S MOTION TO COMPELBETTER RESPONSES TO INTERROGATORIESAND REQUEST TO PRODUCE
This matter came before the Court on July 1, 2015 at 11:00am on Defendant’s Motion to Compel Better Responses to Interrogatories and Requests to Produce. The Court has heard argument of counsel, reviewed the court file, and has been otherwise fully advised in the premises of the Motion. It is, therefore
ORDERED AND ADJUDGED:
1. Defendant’s Motion to Compel Better Responses to Interrogatories and Requests to Produce is GRANTED in part and DENIED in part.
2. Plaintiff shall have thirty (30) days from the date of this Order to provide Defendant evidence of payments accepted by the provider involved in the dispute, including but not limited to, explanations of benefits or similar documents covering payments for the CPT codes at issue in the instant lawsuit made by Medicare, Medicaid, Workers’ Compensation, private insurance carriers (such as Blue/Cross, Blue/Shield, Aetna, Cigna, United Healthcare, Humana, etc.), private pay, or any other payor, including, but not limited to, automobile insurances carriers, for the 90 days before and 90 day after the dates of service at issue in this matter. However, the Plaintiff is not required to produce documents or evidence regarding acceptance of payment amounts pursuant to any HMO or PPO contracts with any insurance carrier and the Plaintiff is not required to produce documents or evidence regarding acceptance of payment amounts involving private insurance carriers whose reimbursement rates are based upon contractual reductions.
3. The parties are referred to a private mediator for purposes of determining which documents, if any, violate Plaintiff’s trade secret.
