Before the Supreme Court of Florida is the case of MRI Associates of Tampa, Inc., Etc. vs. State Farm Mutual Automobile Insurance Company. At issue is whether the 9810A policy unambiguously elected to reimburse at 80 percent of the schedule of maximum charges.
The case is an appeal from the 2nd DCA’s decision in which the appellate court ruled in favor of State Farm. The 2nd DCA found that State Farm’s policy was written correctly to elect to pay a fee schedule properly. While the 2nd DCA is the only district court of appeal decision, lower courts have been split on the issue. The 2nd DCA certified the question to the Florida Supreme Court as one of great public importance.
If the Florida Supreme Court rules in favor of medical providers, we can expect medical providers who billed at above medicare fee schedule to receive additional payments for their underpaid services.
rules in favor of medical providers, we can expect medical providers who billed at the above medicare fee schedule to receive additional payments for their underpaid services.
Oral arguments before the Florida Supreme Court are scheduled for May 6, 2020. We will update you once the Supreme Court rules on the matter. If you have questions about this case or any other PIP issues, please do not hesitate to call Attorney Lyle Masnikoff or Attorney Kevin Davies at (877) 817-4127.
Lyle Masnikoff & Associates, P.A.
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