Volume 22

22 Fla. L. Weekly Supp. 644a

Online Reference: FLWSUPP 2205KERMInsurance — Personal injury protection — Discovery — Documents — HMO and PPO contracts between medical provider and other insurers are confidential, trade secret and proprietary documents that are not discoverable and cannot reasonably lead to discoverable evidence — Medicare fee rates are not relevant to determination of reasonableness of charges in PIP case — Requests to produce other documents inquire into issues not raised in pleadings and are, therefore, not relevant to litigation

22 Fla. L. Weekly Supp. 1000b

Online Reference: FLWSUPP 2209FERNInsurance — Discovery — Privilege — Trade secrets — Trial court departed from essential requirements of law in compelling medical provider to disclose information regarding HMO and PPO agreements without satisfying legal criteria for trade secret analysis

22 Fla. L. Weekly Supp. 1175a

Online Reference: FLWSUPP 2210SCHMInsurance — Personal injury protection — Discovery — Trade secrets — Although contracts between medical provider and other insurance carriers are trade secrets not subject to discovery, negotiated reimbursement rates contained in contracts are not trade secrets — Provider is ordered to produce matrix of rates that does not identify carriers or patients

22 Fla. L. Weekly Supp. 130b

Online Reference: FLWSUPP 2201MELEInsurance — Discovery — Documents — Medical provider is compelled to produce Medicare cost report and charge master as to accepted amounts of payment from various payors and matrix for accepted amounts of payment received on third-party contracts from various payors

22 Fla. L. Weekly Supp. 857a

Online Reference: FLWSUPP 2207MENAInsurance — Personal injury protection — Discovery — Interrogatories — Use of medical billing software — Scope of discovery

22 Fla. L. Weekly Supp. 854b

Online Reference: FLWSUPP 2207GILMInsurance — Personal injury protection — Discovery — Interrogatories — Insurer’s claims processing procedures and method of determining reasonableness of charges and reimbursement levels in community — Scope of discovery

22 Fla. L. Weekly Supp. 960a

Online Reference: FLWSUPP 2208VERTInsurance — Discovery — Documents — Insurer is directed to produce every claim from medical providers in geozip for CPT codes at issue for six months surrounding dates of service or produce explanations of benefits generated for geozip in those months for CPT codes at issue

22 Fla. L. Weekly Supp. 518b

Online Reference: FLWSUPP 2205STATInsurance — Personal injury protection — Discovery — Adjuster notes — Error to order that adjuster notes be produced prior to resolution of coverage issue

22 Fla. L. Weekly Supp. 843a

Online Reference: FLWSUPP 2207ROMAInsurance — Personal injury protection — Discovery — Failure to comply — Contempt — Sanctions — Where insurer demonstrated gross negligence in disregarding three discovery orders, law firm has been previously sanctioned for violation of court orders, one-year delay in discovery has prejudiced medical provider, there is no reasonable credible justification for failure to comply with orders, and delay created significant problems of judicial administration, all defenses in insurer’s answer are stricken, insurer is precluded from presenting any evidence in support of material misrepresentation defense that was subject of discovery requests, and monetary sanctions are imposed

22 Fla. L. Weekly Supp. 469b

Online Reference: FLWSUPP 2204CHAPInsurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Medical provider that failed to provide better discovery responses ordered by court is found to be in contempt