8 Fla. L. Weekly Supp. 847b
Insurance — Personal injury protection — Plaintiff is not entitled to recover PIP benefits for MRI services provided to insured, where plaintiff does not perform necessary medical services and is not a “physician, hospital, clinic, or other person or institution lawfully rendering treatment to an injured person for a bodily injury covered by PIP insurance”
PHYSICIAN PREFERRED SERVICES, INC., (on Assignment from ANDREW SYDLAR), Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 00-4108-CO-39. August 28, 2001. Walter Fullerton, Judge. Counsel: Frank Amsalem, for Plaintiff. David B. Kampf, for Defendant.ORDER
THIS CAUSE came before the Court on August 22, 2001, on Defendant’s Motion to Compel Deposition and Motion for Summary Judgment, and having reviewed the file and being otherwise advised in the premises, it is
ORDERED and ADJUDGED that:
1. The insured was injured in an automobile accident.
2. The insured treated with Evan Madow, D.C.
3. Dr. Madow referred the insured to Ultra MRI for an MRI.
4. The MRI was performed at the facility operated by Ultra MRI.
5. Ultra MRI billed Physician Preferred Services for the MRI.
6. Physician Preferred Services billed Defendant $1,395.00 for the MRI.
7. The Motion for Summary Judgment is GRANTED because Plaintiff does not perform necessary medical services and is not a “physician, hospital, clinic or other person or institution lawfully rendering treatment to an injured person for a bodily injury covered by PIP insurance.” 627.736, Florida Statutes (2000). Federated National Insurance Company v. Physicians Charter Services, 26 Fla. L. Weekly D1637b (Fla. 3rd DCA, July 5, 2001).
8. In light of the foregoing, the Court need not address the additional issues of self-referral and patient brokering, also fairly raised.
9. State Farm’s Motion to Compel Deposition of Louis Romero is hereby GRANTED. Louis Romero shall appear for deposition within ten (10) days from the date of this Order. However, should this Order of Summary Judgment dispose of all issues in this suit, the deposition shall not take place.
10. This Court reserves jurisdiction to determine entitlement to attorney’s fees and costs as to the Motion to Compel and based on this Order of Summary Judgment.
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