Volume 22

22 Fla. L. Weekly Supp. 362a

Online Reference: FLWSUPP 2203WHITInsurance — Personal injury protection — Discovery — Documents — Contracts between medical provider and any other insurer, third-party administrator, employer, workers’ compensation provider, or governmental agency are not discoverable — Documents evidencing amount of gross revenue provider received from PIP and medical payment insurers are not discoverable — Provider is required to produce document evidencing cost of break-even point for CPT codes at issue, if such document exists — Interrogatories — Provider is required to state name and address of each insurance company with which it had relationship, contractual or otherwise, in 2008-2010

22 Fla. L. Weekly Supp. 745a

Online Reference: FLWSUPP 2206MSCHInsurance — Personal injury protection — Discovery — Reimbursement rates accepted by medical provider from health insurers, workers’ compensation insurer, Medicaid, Medicare, and cash-paying patients are not discoverable — Provider’s billing policies and fee schedules pertaining to Florida no-fault insurers for CPT codes at issue and documents pertaining to payments made by Florida no-fault insurers for CPT codes at issue are discoverable

22 Fla. L. Weekly Supp. 375a

Online Reference: FLWSUPP 2203GUZMInsurance — Personal injury protection — Discovery — Documents — Medical provider’s HMO, PPO and managed care agreements, and any agreements to sell, transfer, assign or otherwise factor provider’s financial receivables are covered by trade secret privilege and are not discoverable — Medicare payments and reports, as well as deductibles and co-payments collected from other patients, are irrelevant and immaterial to determination of reasonableness of charges

22 Fla. L. Weekly Supp. 374a

Online Reference: FLWSUPP 2203MOREInsurance — Personal injury protection — Discovery — Depositions — Documents — Reimbursement levels in community

22 Fla. L. Weekly Supp. 110a

Online Reference: FLWSUPP 2201VLAHInsurance — Discovery — Independent medical examination — Medical provider is entitled to discovery of certain records of non-party IME vendor

22 Fla. L. Weekly Supp. 454a

Online Reference: FLWSUPP 2204LANEInsurance — Personal injury protection — Discovery — Non-parties — Non-party hospitals’ rates of reimbursement from health insurance are confidential and protected as trade secrets, and insurer has not shown necessity for information so as to overcome those protections — Discovery is allowed as to non-party hospitals’ customary charges billed for CPT codes and prescription drugs at issue and reimbursement amounts accepted from Medicare, Medicaid, uninsured and self-pay patients, and other PIP insurers for those CPT codes and drugs

22 Fla. L. Weekly Supp. 1060a

Online Reference: FLWSUPP 2209MIKKInsurance — Med Pay — Discovery — Depositions — Reasonableness of charges — Once insurer elected to pay Med Pay benefits under permissive statutory fee schedule, reasonableness of charges became irrelevant — Motion to compel deposition regarding reasonableness of charges is denied

22 Fla. L. Weekly Supp. 1059a

Online Reference: FLWSUPP 2209JMIKInsurance — Personal injury protection — Med Pay — Discovery — Reasonableness of charges — Once insurer elected to pay PIP and Med Pay benefits under permissive statutory fee schedule, reasonableness of charges became irrelevant — Motion to compel responses to discovery regarding reasonableness of charges is denied

22 Fla. L. Weekly Supp. 465b

Online Reference: FLWSUPP 2204LOPEInsurance — Personal injury protection — Discovery — Where reasonableness of charges is contested, reimbursement rates accepted by medical provider from other carriers for CPT codes at issue are relevant and discoverable — Discovery of negotiated reimbursement rates without disclosure of identity of contracting carrier will not violate privileges of trade secret or confidentiality

22 Fla. L. Weekly Supp. 429a

Online Reference: FLWSUPP 2204MVALInsurance — Personal injury protection — Discovery — Medical provider — Trade secrets — Trial court departed from essential requirements of law by requiring provider to produce reimbursement rates from other insurers and payors for particular billing code without making findings as to whether requested production constituted trade secrets and, if so, whether party seeking production had shown reasonable necessity for requested materials