Volume 13

13 Fla. L. Weekly Supp. 397b

Insurance — Personal injury protection — Discovery — Interrogatories — Insurer’s objections to interrogatories seeking procedure reports reflecting charges received by insurer for CPT codes at issue for one-year period within certain zip codes are overruled where information sought is probative and relevant or at least crafted to lead to discovery of admissible evidence, untimely objections are deemed waived, and insurer has failed to provide basis for assertions of work product and trade secret privileges or claims that information is proprietary or violative of third party rights

13 Fla. L. Weekly Supp. 351a

Insurance — Personal injury protection — Discovery — Documents — Insurer is required to produce procedure reports for charges, or underlying data for procedure report, and charge distribution graphs and fee verification report for CPT code at issue

13 Fla. L. Weekly Supp. 173a

Insurance — Personal injury protection — Discovery — PIP log — Where trial court has previously ruled that there is no recognized cause of action for failure to produce PIP log or duty imposed on insurer to produce log in response to pre-suit demand, motion for protective order is granted to extent that insurer shall not produce log until medical provider ceases to pursue cause of action based on failure to produce log — When provider ceases to pursue such cause of action, insurer shall produce log, and production will not be deemed or intended to be confession of judgment

13 Fla. L. Weekly Supp. 1215b

Insurance — Personal injury protection — Discovery — Where insurer wants to dispute reasonableness of charges by relying on computer program and computer generated sums, medical provider is entitled to discovery of every explanation of benefits and explanation of reimbursement generated by insurer for CPT codes at issue in geozip for period three months prior to and three months after statement of particulars — Discovery request is burdensome, but not unduly burdensome since all information is or should be computerized and insurer has ability to have program designed to make accessing information less burdensome

13 Fla. L. Weekly Supp. 1088b

Insurance — Personal injury protection — Discovery — Explanations of benefit and explanations of reimbursement generated by defendant for particular zipcode for three-month period prior to and subsequent to each of respective dates of service and CPT codes at issue

13 Fla. L. Weekly Supp. 1088c

Insurance — Personal injury protection — Discovery — Computer database used to reduce bills — If insurer intends to rely on computer database in defending reduction of bills claimed to exceed usual, customary and reasonable amounts, insurer must produce materials regarding use, composition, operation, and maintenance of database

13 Fla. L. Weekly Supp. 1222a

Insurance — Personal injury protection — Discovery — Physician who conducted compulsory medical examination relied upon to deny PIP benefits is ordered to comply with subpoena duces tecum to produce copy of report and compensation received in relation to insured’s claim, copies of all medical records review reports prepared during past three years, number of CMEs performed in past three years, cases in which physician has testified at trial or through deposition in past three years and approximation of percentage of income earned performing CMEs — Objection to production of records of compensation received for preparing medical records reviews in past three years is sustained at this time, but insured may revisit request after obtaining discovery ordered if there is additional need for documentation

13 Fla. L. Weekly Supp. 1222a

Insurance — Personal injury protection — Discovery — Physician who conducted compulsory medical examination relied upon to deny PIP benefits is ordered to comply with subpoena duces tecum to produce copy of report and compensation received in relation to insured’s claim, copies of all medical records review reports prepared during past three years, number of CMEs performed in past three years, cases in which physician has testified at trial or through deposition in past three years and approximation of percentage of income earned performing CMEs — Objection to production of records of compensation received for preparing medical records reviews in past three years is sustained at this time, but insured may revisit request after obtaining discovery ordered if there is additional need for documentation

13 Fla. L. Weekly Supp. 1189a

Civil procedure — Insurance — Discovery — Medical provider is ordered to produce entire patient files — Provider and insurer shall prepare joint stipulation regarding production of non-patient specific documents — If provider complies with agreement to reimburse to insurer all monies paid relative to these patients, court will consider whether pending or further discovery is warranted

13 Fla. L. Weekly Supp. 343a

Insurance — Personal injury protection — Discovery — Interrogatories — Medical provider is compelled to provide better answers to interrogatories requesting names of health insurers with which provider admits it has contracts to accept agreed-upon rates and amounts accepted from each such insurer for CPT codes at issue