Volume 14

14 Fla. L. Weekly Supp. 794a

Insurance — Personal injury protection — Venue — Forum non conveniens — Where medical provider’s only nexus to county where suit was filed is fact that insurer has office there, and substantially all other aspects of case are elsewhere, motion to transfer venue is granted — Sanctions — Section 57.105 sanctions are not available for opposing motion to transfer venue

14 Fla. L. Weekly Supp. 140b

Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Patient brokering — Fee splitting — Where medical provider to whom insured was referred for MRI sent insured to another company to perform MRI, and provider “leased” equipment from other company but performed neither technical nor professional component of MRI, arrangement is patient brokering and/or fee splitting prohibited by section 817.505 — No error in finding that provider cannot be reimbursed under PIP statute for services it did not render — Section 817.505 is constitutional

14 Fla. L. Weekly Supp. 382c

Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Allowable amount — Adjustment to Consumer Price Index for All Urban Consumers in South Region — 2003 amendment to statute — Constitutionality — Question certified

14 Fla. L. Weekly Supp. 87a

Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Allowable amount — Adjustment to Consumer Price Index for All Urban Consumers in South Region — Calculation — CPI calculation must be made annually and cumulatively, reflecting combined prior years’ increases from 2001 through August 1 of year MRI was performed — Correct CPI adjustment calculation reveals insurer paid medical provider less than allowable amount for MRIs

14 Fla. L. Weekly Supp. 798b

Insurance — Personal injury protection — MRI — Allowable amount — Adjustment to Consumer Price Index for All Urban Consumers in South Region — Calculation — CPI calculation must be made annually and cumulatively, reflecting combined prior years’ increases from 2001 through August 1 of year MRI was performed — Correct CPI adjustment calculation reveals insurer paid medical provider less than allowable amount for MRIs

14 Fla. L. Weekly Supp. 788b

Insurance — Personal injury protection — MRI — Allowable amount — Adjustment to Consumer Price Index for All Urban Consumers in South Region — Calculation — CPI calculation must be made annually and cumulatively, reflecting combined prior years’ increases from 2001 through date of treatment

14 Fla. L. Weekly Supp. 372a

Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Allowable amount — Adjustment to Consumer Price Index for All Urban Consumers in South Region — “Medical CPI for Florida” provision of 2001 version of section 627.736(5)(b)5 refers to medical care item of CPI for All Urban Consumers in South Region — MRI providers are entitled to begin receiving annual CPI adjustments as of November 1, 2001, not November 1, 2002

14 Fla. L. Weekly Supp. 369a

Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Allowable amount — Adjustment to Consumer Price Index for All Urban Consumers in South Region — Final summary judgment is entered in favor of MRI providers in class action suit against insurer that failed to make full payment for MRI services in accordance with 2001 version of section 627.736(5)(b)5 or other pre-existing law where insurer does not dispute that it did not pay any CPI adjustments for MRI services provided to insureds during time period of November 1, 2001, through July 31, 2003

14 Fla. L. Weekly Supp. 584a

Insurance — Personal injury protection — Coverage — Medical expenses — Unlicensed provider — Charges for massage therapy are non-compensable for dates of service on which medical provider did not have massage therapy establishment license

14 Fla. L. Weekly Supp. 1140a

Insurance — Personal injury protection — Coverage — Medical expenses — Lawfully rendered treatment — Lack of county occupational license does not render treatment unlawful — Even if lack of license rendered treatment unlawful, tax collector’s acceptance of payment for all due occupational taxes after date of service cured any illegality back to date taxes were due