Volume 22

22 Fla. L. Weekly Supp. 1164b

Online Reference: FLWSUPP 2210STEWInsurance — Personal injury protection — Discovery — Where insurer unilaterally, albeit improperly, elected to use permissive statutory fee schedule to calculate reimbursement rate, neither insurer nor medical provider may compel discovery on fact-dependent method for determining reasonableness of charges

22 Fla. L. Weekly Supp. 970a

Online Reference: FLWSUPP 2208CAPEInsurance — Discovery — Medical provider is not required to produce agreements reflecting amounts charged to and accepted from other payors or documents reflecting payment of amount less than the amount billed to insurer for CPT codes at issue — Provider is required to produce Medicare Cost Report and documents supporting proposition that its charges are reasonable and do not exceed its usual and customary charges

22 Fla. L. Weekly Supp. 949a

Online Reference: FLWSUPP 2208HERNInsurance — Personal injury protection — Discovery — Trade secrets — HMO and PPO contracts are confidential, trade secret, proprietary documents that are not discoverable and cannot reasonably lead to discoverable information — Evidence of payments made regarding other patients pursuant to non-automobile related coverages such as HMO, PPO and Medicare agreements are not discoverable and, further, cannot reasonably lead to discoverable information and, thus, are not relevant in a PIP case.

22 Fla. L. Weekly Supp. 399a

Online Reference: FLWSUPP 2203FLOYInsurance — Personal injury protection — Discovery — Other insurers from which plaintiff has accepted PIP benefits for same and/or similar treatment and amounts accepted from insurers for this treatment — Scope of discovery

22 Fla. L. Weekly Supp. 955a

Online Reference: FLWSUPP 2208MCCUInsurance — Discovery — Insurer is entitled to discover documents reflecting amounts accepted by medical provider as reimbursement from HMOs, PPOs, private health insurers, private pay or any other payor — Provider is not required to disclose whether amounts reimbursed were pursuant to negotiated contract or entity from which reimbursement was received

22 Fla. L. Weekly Supp. 933a

Online Reference: FLWSUPP 2208RIFFInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness — Discovery — Documents and information relating to provider’s reimbursement contracts and amounts provider has agreed to accept and has accepted for the CPT codes at issue in instant case

22 Fla. L. Weekly Supp. 155a

Online Reference: FLWSUPP 2201BLACInsurance — Personal injury protection — Discovery — Because medical provider’s negotiated insurance and reimbursement contracts and reimbursement data are necessary to dispute reasonableness of provider’s charges, provider’s trade secret objections do not bar discovery so long as court take measures to ensure confidentiality — Confidentiality measures are specified

22 Fla. L. Weekly Supp. 1063a

Online Reference: FLWSUPP 2209HEINInsurance — Personal injury protection — Discovery — Negotiated rate contracts between medical provider and HMOs, PPOs and other private insurance carriers are confidential, trade secret, proprietary documents that are not discoverable and cannot reasonably lead to discoverable evidence — Reimbursements accepted by provider from other PIP carriers are relevant and discoverable — Medicare reimbursement rates are not relevant in PIP case in which reasonableness of charges is at issue

22 Fla. L. Weekly Supp. 882a

Online Reference: FLWSUPP 2208SMOKInsurance — Personal injury protection — Discovery — Trade secrets — Medical provider’s managed care contracts and information contained therein are proprietary in nature and can be defined as trade secrets — Trial court departed from essential requirements of law in ordering provider to disclose reimbursement amounts paid pursuant to managed care contracts, identifying insurance carriers only by number and type, without conducting in camera inspection to explicitly determine whether contracts and information contained therein should be classified as trade secrets, whether reimbursement amounts paid pursuant to contracts and amounts paid by uninsured persons should be classified as trade secrets, whether identities of carriers and uninsured persons should be classified as trade secrets, and whether trade secret privilege should apply to protect provider from having to disclose requested information

22 Fla. L. Weekly Supp. 837b

Online Reference: FLWSUPP 2207NEYRInsurance — Personal injury protection — Discovery — Documents — HMO/PPO documents are not discoverable