On December 28, 2018, the Florida Supreme Court ruled in favor of medical providers on the application of the deductible. In a unanimous 7-0 decision, the Supreme Court resolved the conflict among the district courts of appeal.
Most insurers had been reducing the billed amount to fee schedule prior to applying the deductible. Medical providers argued that the proper method of applying the deductible to PIP bills was to apply the deductible to the billed amount, and reduce to fee schedule only those bills that are being paid.
The method by which the insurance companies were applying the deductible short-changed doctors quite a bit. The amount can add up to a couple hundred dollars per case. It is imperative that medical providers get their files reviewed by an experienced PIP attorney, as they may have thousands of dollars sitting in their file cabinets.
We have already contacted our clients and started filing new PIP suits for this deductible issue. If you are a medical provider and want more information about this case or would like us to review your prior cases for the deductible issues, please do not hesitate to contact me, Attorney Lyle B. Masnikoff or Attorney Kevin Davies at 561-598-7120.
Lyle Masnikoff & Associates, P.A.
1645 Palm Beach Lakes Blvd #550
West Palm Beach, FL 33401
561-598-7120
