Volume 22

22 Fla. L. Weekly Supp. 1144a

Online Reference: FLWSUPP 2210CAMEInsurance — Personal injury protection — Coverage — Medical benefits — Reasonableness of charges — Discovery — Trade secrets — Error to require medical provider to disclose reimbursement rate information for other insurers without conducting in camera inspection to make required determination whether requested information constituted trade secrets

22 Fla. L. Weekly Supp. 421a

Online Reference: FLWSUPP 2204RFIGInsurance — Personal injury protection — Discovery — Interrogatories — Trade secret privilege — Error to overrule trade secret privilege objection to interrogatory requiring disclosure of reimbursement rates medical provider accepts from other insurers without conducting in camera inspection — Moreover, where insurance contract provides that insurer will pay “80% of all medically necessary expenses” without imposing reasonableness requirement, inquiry into reasonableness of charges does not seem necessary

22 Fla. L. Weekly Supp. 456a

Online Reference: FLWSUPP 2204ROYAInsurance — Personal injury protection — Discovery — Insurer is not entitled to discover documents reflecting amounts accepted by medical provider as reimbursement for Medicare and Medicaid from third-party payers with which provider has negotiated rate contracts — Insurer is entitled to discover reimbursement amounts accepted by provider from other PIP carriers and third-party payers with which provider does not have contracts

22 Fla. L. Weekly Supp. 1163a

Online Reference: FLWSUPP 2210DUPRInsurance — Personal injury protection — Discovery — Insurer is not entitled to discover documents reflecting amounts accepted by medical provider as reimbursement from other insurance carriers pursuant to negotiated rate contracts — Insurer is not entitled to discovery regarding reimbursement accepted by provider from Medicare and Medicaid — Insurer is entitled to discover reimbursement amounts accepted by provider from other PIP carriers, insurance carriers with which provider does not have negotiated rate contracts and cash-paying patients

22 Fla. L. Weekly Supp. 1145a

Online Reference: FLWSUPP 2210RIOSInsurance — Discovery — Trade secrets — Trial court departed from essential requirements of law by ordering medical provider to disclose reimbursement rates without conducting in camera inspection and determining whether discovery request will result in disclosure of trade secrets or confidential information and, if so, whether insurer demonstrated reasonable necessity for information and whether safeguards are required to prevent unnecessary dissemination of trade secrets or confidential information

22 Fla. L. Weekly Supp. 1144b

Online Reference: FLWSUPP 2210CENTInsurance — Discovery — Trade secrets — Trial court departed from essential requirements of law by ordering medical provider to disclose reimbursement rates without conducting in camera inspection and determining whether discovery request will result in disclosure of trade secrets or confidential information and, if so, whether insurer demonstrated reasonable necessity for information and whether safeguards are required to prevent unnecessary dissemination of trade secrets or confidential information

22 Fla. L. Weekly Supp. 1117a

Online Reference: FLWSUPP 2210VIRTInsurance — Discovery — Interrogatories — Trade secrets — Prior opinions of appellate panels of circuit court, determining that trial courts erred in requiring medical provider to produce reimbursement rates it agreed to accept from other insurers without first determining whether information sought was trade secret, are not binding on appellate panel in instant case — Parties in cases are not identical due to involvement of different insureds/assignors — Trial court erred in requiring disclosure of reimbursement rates without making findings as to whether information is trade secret and whether insurer established reasonable necessity for information

22 Fla. L. Weekly Supp. 1116a

Online Reference: FLWSUPP 2210ZELEInsurance — Personal injury protection — Discovery — Trade secrets — Trial court erred in requiring medical provider to disclose reimbursement amounts provider received from other insurance carriers and uninsured patients without first conducting in camera inspection of materials to determine if they contain trade secrets

22 Fla. L. Weekly Supp. 1079a

Online Reference: FLWSUPP 2209MINCInsurance — Personal injury protection — Discovery — Depositions — Medical provider’s corporate representative will testify at deposition regarding payments received from other payors for CPT codes at issue, and documents covering such payments are to be produced

22 Fla. L. Weekly Supp. 859a

Online Reference: FLWSUPP 2207LIPGInsurance — Personal injury protection — Discovery — Insurer is not entitled to discover documents reflecting amounts accepted by medical provider as reimbursement from self-pay patients, workers’ compensation carriers, Medicare and Medicaid and from other private health insurers with which provider has negotiated rate contracts — Insurer is entitled to discover reimbursement amounts accepted by provider from other PIP carriers