Volume 21

21 Fla. L. Weekly Supp. 1069a

Online Reference: FLWSUPP 2110SIRKInsurance — Personal injury protection — Discovery — Medical provider’s negotiated rates with other insurers are not relevant to determination of what insurer must pay provider for MRI — Motion to compel is denied

21 Fla. L. Weekly Supp. 690a

Online Reference: FLWSUPP 2107COMPInsurance — Personal injury protection — Discovery — Documents — HMO and PPO contracts between medical provider and other insurers are confidential, trade secrets, and proprietary documents that are not discoverable and cannot reasonably lead to discoverable evidence — Medicare fee schedule rates are not relevant to determine whether provider’s charges are reasonable

21 Fla. L. Weekly Supp. 278a

Online Reference: FLWSUPP 2103BANIInsurance — Personal injury protection — Discovery — Medical provider is ordered to produce documents relating to negotiated rates, billing practices, data utilized to calculate usual and customary charges, method of calculating charges for CPT codes billed, Charge Master and Charge Master team members, ordering of radiology procedures by emergency department physicians, and performance reviews of physicians who treated insured, subject to execution of mutually agreeable confidentiality agreement

21 Fla. L. Weekly Supp. 1051a

Online Reference: FLWSUPP 2110MISTInsurance — Personal injury protection — Discovery — Medical provider ordered to produce bills submitted to and payments made by Medicare, any Florida workers’ compensation insurer, and any health insurer for CPT codes at issue, and any contract entered into with those entities — Provider is ordered to produce bills submitted to and payments made by private pay customers for CPT codes at issue

21 Fla. L. Weekly Supp. 721a

Online Reference: FLWSUPP 2107FLORInsurance — Discovery — Medical provider is not required to provide information regarding payments received from payors with whom it has contractual agreements where comparison of amounts provider was paid under such agreements with amount insurer paid is not relevant or reasonably calculated to lead to discovery of admissible evidence since provider does not have contractual agreement with insurer

21 Fla. L. Weekly Supp. 707b

Online Reference: FLWSUPP 2107SOSSInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary disposition — Opposing affidavits filed by insurer do not preclude summary disposition in favor of medical provider on issue of reasonableness of MRI charge where affidavits were conclusory and lacked foundation, and affiants were not qualified to render opinion on reasonableness of MRI charge — Fact that Medicare, workers’ compensation, and health insurance pay less than amount billed by provider does not, by itself, create factual issue as to reasonableness of charge

21 Fla. L. Weekly Supp. 701a

Online Reference: FLWSUPP 2107DIAZInsurance — Personal injury protection — Discovery — Reasonableness of charges — Medical provider must answer interrogatories seeking identity of each payor/insurer to whom the provider has submitted bills, amount each payor/insurer was billed, and amount each payor/insurer paid to provider — Provider must produce billing statements issued to insurers and patients and explanations of benefits and other documents reflecting reimbursement received

21 Fla. L. Weekly Supp. 688a

Online Reference: FLWSUPP 2107BAIRInsurance — Personal injury protection — Discovery — Motion for reconsideration of order requiring medical provider to disclose reimbursement amounts it received from other insurance carriers and uninsured patients for CPT codes at issue is denied — Provider has not demonstrated that reimbursement amounts constitute trade secrets, insurer has demonstrated that disclosure of reimbursement amounts is reasonably necessary to defend against provider’s claim that its bills are reasonable, and order requiring disclosure contains sufficient safeguards to protect against disclosure of confidential information or trade secrets

21 Fla. L. Weekly Supp. 678a

Online Reference: FLWSUPP 2107ELLIInsurance — Personal injury protection — Discovery — Reasonableness of charges — Medical provider must provide information regarding amounts provider has accepted from private insurers for CPT codes at issue

21 Fla. L. Weekly Supp. 675a

Online Reference: FLWSUPP 2107CISNInsurance — Personal injury protection — Discovery — Medical provider must produce computer-generated procedure report that includes amounts provider billed and accepted for all payors for CPT codes at issue