27 Fla. L. Weekly Supp. 312b
Online Reference: FLWSUPP 2703DPInsurance — Health maintenance organizations — Out-of-network provider or non-participating provider — Record before court does not explain or justify HMO’s late and reduced payment to provider — Medical provider entitled to final judgment for balance of claim and interest
PREMIER INPATIENT PARTNERS, LLC (D.P.), Plaintiff, v. FREEDOM HEALTH, INC., Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 18-CC-019833, Division M. October 24, 2018. Herbert M. Berkowitz, Judge. Counsel: Daniel B. Smith, Morgan & Morgan, West Tampa, for Plaintiff. Pro se, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FORSUMMARY DISPOSITION: ORDER GRANTING PLAINTIFFENTITLEMENT TO ATTORNEY’S FEES AND COSTS
This cause came before the Court on Plaintiff’s Motion for Entry of Summary Disposition and Entitlement to Attorney’s Fees on October 11, 2018. Defendant failed to appear after Notice. Having considered the record, including a Clerk’s Default at the Small Claims Pretrial, Affidavits in proof of claim, and having heard arguments from Plaintiff’s counsel, and having reviewed the evidence presented,
The Court finds as follows:
1. That a factual basis has been presented supporting the Plaintiff’s claim for payment for services rendered to the Defendant’s insured on April 25 and 26, 2017.
2. That Plaintiff electronically submitted a claim in the amount of $312.00 to Defendant on April 30, 2017.
3. That the Defendant reduced Plaintiff’s claim to $149.12, and rendered this amount to the Plaintiff on November 28, 2017.
4. That the record before the Court does not explain or justify the late and reduced payment made by the Defendant.
5. That the affidavit filed in support of this Motion is sufficient to establish that the Defendant both late and underpaid this claim.
6. That pursuant of Fla. Stat. § 641.3155, Plaintiff is due payment on the interest of its principal claim of $312.00 at 12% per annum from April 30, 2017 to November 28, 2017 in the amount of $21.94.
7. That Plaintiff is also due its principal amount of $312.00 less payment of $149.12 on November 28, 2017, in the amount of $162.88.
8. That Plaintiff is due interest at 12% per annum on the balance of $162.88 from November 28, 2017 to the date of the entry of this Judgment in the amount of $16.50.
It Is Therefore ORDERED and ADJUDGED that:
A. Plaintiff’s Motion for Summary Disposition is hereby GRANTED;
B. Final Judgment is hereby entered in favor of the Plaintiff, Premier Inpatient Partners, LLC, D.P., and against the Defendant, Freedom Health, Inc., in the amount of $201.32 plus post judgment statutory interest in accordance with the provisions of Fla. Stat. § 55.03;
C. The Court finds the Plaintiff to be the prevailing party pursuant to Fla. Stat. § 641.28. Jurisdiction as to the amount of attorney’s fees and costs due is hereby reserved by this Court for later determination.
For all of which let execution issue.
