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There has already been a huge uptick in lawsuits being filed on behalf of facilities that have provided the kinds of diagnostic services that are affected by the court’s decision. This trend will likely increase in the coming months. (Credit: NIKCOA/Shutterstock) There has already been a huge uptick in lawsuits being filed on behalf of facilities that have provided the kinds of diagnostic services that are affected by the court’s decision. This trend will likely increase in the coming months. (Credit: NIKCOA/Shutterstock)

Personal injury protection (PIP) litigation in Florida has been a high-volume practice area. Unfortunately, the number of PIP lawsuits may surge to even greater numbers due to recent court rulings.

The decision by the Third District Court of Appeal (DCA) in Priority Medical Centers, LLC a/a/o Susan Boggiardino v. Allstate Insurance Company upheld the 2012 amendments to the Florida No-Fault Act requiring the carrier to reimburse a diagnostic imaging provider according to the 2007 non-facility limiting charge. The court held this applies when the amount is higher than the participating physician fee schedule. The decision will likely negatively impact insurance companies’ liability for a potential underpayment in almost any claim from the past five years in which an X-ray or MRI code was reimbursed pursuant to the participating physician fee schedule.

 

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