Volume 23

23 Fla. L. Weekly Supp. 394a

Online Reference: FLWSUPP 2305DTORInsurance — Personal injury protection — Discovery — Medical provider — Trade secrets — Insurer is entitled to discover reimbursement rates accepted by medical provider as reimbursement from other insurance carriers and identity of those carriers — Although trial court reached implicit conclusion that information sought was not protected by trade secret privilege or that reasonable necessity justifying disclosure outweighed provider’s interest in maintaining confidentiality of trade secrets, particularized findings are required — Discovery order is quashed, and case is remanded for further findings

23 Fla. L. Weekly Supp. 516a

Online Reference: FLWSUPP 2306CEDEInsurance — Personal injury protection — Discovery — Interrogatories — Trade secrets — Error to require medical providers to disclose reimbursement rates from other insurers without determining whether requested information is relevant when insurer used statutory fee schedule to limit reimbursement and without conducting in camera inspection to make required determination of whether information constitutes trade secret — If on remand trial courts determine information involves trade secrets or confidential information, it must be ascertained whether insurer has demonstrated reasonable necessity for information and whether safeguards are required to prevent unnecessary dissemination

23 Fla. L. Weekly Supp. 515a

Online Reference: FLWSUPP 2306LEONInsurance — Personal injury protection — Discovery — Reimbursement amounts accepted by provider from contracted payors — Order issued by trial court subsequent to in camera inspection of documents was insufficient and departed from essential requirements of law where order did not set forth findings specific to instant case

23 Fla. L. Weekly Supp. 837a

Online Reference: FLWSUPP 2308HAYWInsurance — Personal injury protection — Discovery — Medical provider — Negotiated rate contracts and reimbursement rates are not discoverable — Reimbursements from Medicare and Medicaid and private co-payments are not discoverable — Reimbursements from other PIP carriers and third-party payors with which medical provider has no negotiated rate contracts are discoverable

23 Fla. L. Weekly Supp. 58b

23 Fla. L. Weekly Supp. 836aOnline Reference: FLWSUPP 2308MILLInsurance — Personal injury protection — Discovery — Negotiated rate contracts and reimbursement rates are not discoverable — Reimbursements from Medicare and Medicaid are not discoverable — Reimbursements from other PIP carriers and third-party payors with which medical provider has no negotiated rate contracts are discoverable

23 Fla. L. Weekly Supp. 58b

Online Reference: FLWSUPP 2301MCNAInsurance — Personal injury protection — Discovery — Insurer that allowed full amount of charge when applying charge to deductible without notice that services were unrelated or unnecessary or that charges were unreasonable, cannot dispute reasonableness, relatedness or medical necessity of charge and is not entitled to discovery on those issues

23 Fla. L. Weekly Supp. 338a

Online Reference: FLWSUPP 2304WYNDInsurance — Personal injury protection — Summary judgment — Outstanding discovery does not preclude entry of summary judgment where further discovery cannot create disputed issue of fact — Where insurer paid amounts demanded in demand letter, including PIP benefits calculated in accordance with statutory fee schedule elected in policy, insurer is entitled to final summary judgment

23 Fla. L. Weekly Supp. 172a

Online Reference: FLWSUPP 2302VILLInsurance — Personal injury protection — Discovery — Interrogatories — Motion to compel better responses to interrogatories regarding co-payments received by medical provider from insured and other patients is denied — Amount of co-payments is not relevant to reasonableness of charges

23 Fla. L. Weekly Supp. 342a

Online Reference: FLWSUPP 2304WALLInsurance — Personal injury protection — Discovery — Medical provider is required to produce computer generated procedure report reflecting amounts billed and accepted by provider for CPT codes at issue from all payors for one year before and after dates of service — Provider may identify payors by abbreviations to prevent release of proprietary information or trade secrets

23 Fla. L. Weekly Supp. 345a

Online Reference: FLWSUPP 2304GALLInsurance — Personal injury protection — Discovery — Medical provider is required to produce computer generated procedure report reflecting amounts billed and accepted by provider for CPT codes at issue from all payors for one year before and after dates of service — If provider provides sufficient evidence that it is unable to provide computer generated report, it will be required to produce explanations of benefit or other documents showing amounts billed and accepted for CPT codes at issue from each and every payor