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TAMPA BAY INJURY CENTER, INC., (As assignee of Eurel Grey), Plaintiff, vs. NATIONWIDE ASSURANCE COMPANY, Defendant.

8 Fla. L. Weekly Supp. 651a

Insurance — Personal injury protection — Discovery — Interrogatories — Requests for production — Order compelling discovery related to computer program insurer used to review, reduce, or deny medical bills

TAMPA BAY INJURY CENTER, INC., (As assignee of Eurel Grey), Plaintiff, vs. NATIONWIDE ASSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division, Division I. Case No. 2001-1609 SC. July 26, 2001. Charlotte Anderson, Judge. Counsel: William C. Rocker, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Michael Butash, for Defendant.

ORDER ON PLAINTIFF’S AMENDED MOTION TO COMPEL

THIS CAUSE having come before the Court on Plaintiff’s Amended Motion to Compel, on July 17, 2001, both parties appearing through counsel and the Court having heard argument of counsels, it is hereby:

ORDERED and ADJUDGED that:

1. Defendant shall provide a certified copy of the policy of insurance issued to the named insured in this case within twenty (20) days of this hearing;

2. Defendant shall provide copies of all the drafts issued to the named Plaintiff in this case within forty-five (45) days of this hearing;

3. As to Plaintiff’s Request for Production number six (6), within twenty (20) days of this hearing Defendant shall provide any and all information in its possession which would indicate the total amount of money paid by Defendant in Hillsborough and Pinellas Counties in the last three years to the company which sold or supplied the computer program utilized to review, reduce or deny medical bills in this case;

4. As to Plaintiff’s Request for Production number twelve (12), within twenty (20) days of this hearing Defendant shall provide any additional information in its possession which would indicate the total amount of money paid by Defendant in Hillsborough and Pinellas Counties in the last three years to CCN Managed Care, Inc.;

5. As to Plaintiff’s Interrogatory number nine (9), Defendant shall provide the name of the computer program that was used to review the claim for medical services in this case and the name and address of the company that sold or supplied the software;

6. As to Plaintiff’s Interrogatory number (10), Defendant shall state why and for what purpose it uses the computer program and software referenced in Plaintiff’s Interrogatory number nine (9);

7. As to Plaintiff’s Interrogatory number (11), Defendant shall describe the relationship it has with the company that sold or supplied the computer program utilized to review, reduce or deny medical bills in this case and give a description and exact location of any contracts, writings, memos, reports, records, notes or any other documentation pertaining to said relationship;

8. As to Plaintiff’s Interrogatory number twelve (12), Defendant shall list the names and job titles of Defendant’s training personnel in Hillsborough County, Florida, working for Defendant for the period running from one year before the accident and one year after the accident who are knowledgeable about the use of the above computer program and how it is used by your personnel;

9. As to Plaintiff’s Interrogatory number fifteen (15), Defendant shall list the names of all documents in Defendant’s possession that provide technical information on the installation, maintenance and operation of the computer program described above;

10. As to Plaintiff’s Interrogatory number sixteen (16), Defendant shall state whether or not the above computer program involves the use of a database;

11. As to Plaintiff’s Interrogatory numbers seventeen (17) and eighteen (18), Defendant shall modify its answer to these Interrogatories as set forth here today to indicate if there are in fact any forms that are associated with the use of the computer program other than the Explanation of Reviews previously provided; and in doing so, shall list for each the name of each form, the number of pages of each form and the date of each form.

12. Unless not specifically mentioned herein Defendant shall have twenty days from the hearing to provide answers to the above Interrogatories and Request For Production.

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