9 Fla. L. Weekly Supp. 558a
Insurance — Personal injury protection — Summary judgment granted in favor of medical provider where insurer’s sole basis for reducing CPT code charge was the recommendation of results of Medicode computer generated report
FRANCISCO GOMEZ, M.D., P.A. (As assignee of Tommy Williams), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 99-2964 CC, Division I June 6, 2002. Charlotte Anderson, Judge. Counsel: William C. Rocker Timothy A. Patrick, P.A., Tampa, for Plaintiff. Gerard Duignan, for Defendant.
FINAL ORDER ON PLAINTIFF’S SECONDMOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come before the Court on Plaintiff’s Second Motion for Summary Judgment, on May 23, 2002, both parties appearing through counsel and the Court having heard argument of counsel, it is hereby:
ORDERED and ADJUDGED that:
1. Plaintiff’s Second Motion for Summary Judgment is granted and the Court hereby enters final summary judgment in favor of Plaintiff on CPT code 99245 for date of service February 17, 1998 in the amount of $148.80 plus statutory interest calculated at 11% from February 17, 1998 to the date Defendant issues payment and in so doing the Court adopts the holding in Sestile and Barrett v. State Farm Mutual Automobile Insurance Company, Consolidated Case No. 97-221C (In the Circuit Court for Hillsborough County Florida March 20, 2001) as the Court finds Defendant’s sole basis for reducing this CPT code’s charge was the recommendation of the results of the Medicode computer generated report, thus violating Section 627.736, Florida Statutes. For which sum let execution issue and Defendant go hence without today.
2.The Court reserves on the issue of Plaintiff’s attorney’s fees and costs.
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