9 Fla. L. Weekly Supp. 60a
Insurance — Personal injury protection — Where medical provider erroneously submitted bill for service to insurance company that was not proper insurer for claim and subsequently submitted bill to proper insurer more than thirty days after services were rendered, claim was mailed untimely and insurer is not required to pay bill
PINNACLE MEDICAL, INC. ISO DATA DIAGNOSTICS, Plaintiff, vs. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County, Civil Division. Case No. SS 01 1405 RD. November 15, 2001. Susan Lubitz, Judge. Counsel: Glenn E. Siegel, Greenspan & Kane, Boca Raton. Jonathan G. Liss, Bernstein & Chackman, P.A., Hollywood.
FINAL JUDGMENT
THIS case came before the court in chambers on a Stipulation Of Facts, pursuant to the court’s reconsideration of Defendant’s Motion For Final Summary Judgment. The court considered the Stipulation Of Facts, the court record and argument of counsel.
UNDISPUTED FACTS
1. On November 2, 2000, Plaintiff Pinnacle Medical, Inc., ISO Data Diagnostics (“Pinnacle”) provided diagnostic testing services to Khemwattee Persuad (“Persuad”), who was involved in an automobile accident on September 25, 2000. At the time of the automobile accident Persuad had personal injury protection coverage with Defendant Metropolitan Property And Casualty Insurance Company (“Metropolitan”).
2. On December 1, 2000, Pinnacle mistakenly submitted a bill to AIG National Insurance Company (“AIG”) for the services it rendered to Persuad on November 2, as Pinnacle was erroneously advised that AIG was the proper insurance company for the claim.
3. On December 17, 2000, Pinnacle submitted the claim for the November 2 services to Metropolitan. On December 22, 2000 Metropolitan denied payment for the November 2, 2000 services on the grounds that the charges for treatment were mailed to the insurance company more than 30 days after the treatment was rendered.
CONCLUSIONS OF LAW
4. Section 627.736(5), Fla. Stat. (2000), states clearly and unambiguously: “With respect to any treatment or service, other than medical services billed by a hospital for services rendered at a hospital-owned facility, the statement of charges must be furnished to the insurer by the provider and may not include, and the insurer is not required to pay, charges for treatment or services rendered more than 30 days before the post marked date of the statement …” The claim was mailed untimely and Metropolitan is not required to pay the unpaid bills.
5. Plaintiff urges this court to declare Section 627.736(5)(b), Fla. Stat., unconstitutional as a violation of due process, equal protection and access to courts. Plaintiff argues that the statute treats hospital owned facilities differently from services provided by other medical providers, as hospital owned facilities are not required to submit bills within 30 days of providing services. “The burden is on the one attacking the legislative enactment to negate every conceivable basis which might support it.” Gallagher v. Motors Inc. Corp., 605 So.2d 62, 68-69 (Fla. 1992). Plaintiff presented no evidence and, therefore, failed to sustain its burden.
Based on the foregoing, it is
ORDERED AND ADJUDGED that:
1. Defendant’s Motion For Summary Judgment is granted.
2. Plaintiff Pinnacle Medical, Inc., ISO Data Diagnostics take nothing by this action and Defendant Metropolitan Property And Casualty Insurance Company shall go hence without day.
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