Intrusive Insurance Companies: Why Their Policies Have Backfired

Florida’s Personal Injury Protection (PIP) law was enacted to provide “swift and virtually automatic payment” of benefits.  The idea behind the law was to ensure that individuals injured in motor vehicle accidents could resume their lives without any financial interruption.  However, insurance companies make it very difficult for medical providers to receive payment for their essential treatment.  It is as difficult for injured patients to receive the medical treatment they ultimately require.

Insurance companies have adopted “policies” or “tactics” to harass medical providers and claimants. Some of these tactics include Examinations under oath of the patient and depositions of the medical provider or corporate representative of the facility.  These examinations may last hours at a time.  Insurers commonly request medical providers their billing policies as well as the type of software used in the preparation of the bills.  But that’s not it, unfortunately.  Insurance companies also want to know how the total amount charged was formulated for each CPT code and what amounts providers accept from private insurers (HMO, PPO, health insurance) and from other PIP insurers.  Most of the requested information concerning other insurance carriers should be protected by trade secret privilege as the PIP insurer is NOT a party to these contracts.  A party that did not bargain for terms and is independent of the agreement as a whole should NOT be made privy to that private contract.

The discovery of these contractual agreements would also result in unfair prejudice to the provider, in that; private health companies provide a large volume of patients to the medical provider in exchange for a reduced reimbursement.  In the world of PIP, the PIP insurance companies do not provide any patients at all, and thus providers rightfully expect the maximum allowed under the law. The question for you the medical provider is: what can I do to fight back?

Geozip Reports: Putting Up A Fight

Insurance companies are multibillion-dollar corporations containing hundreds of thousands of employees throughout the world.  These companies produce thousands upon thousands of reports on a daily basis.  PIP insurers create different documents indicating how much they reimburse medical providers for specific CPT codes over the span of weeks, months, or years.  This is where you, the medical provider, use the insurance companies’ tactics against them and strike back by demanding a copy of the “Geozip report.”

What is a GEOZIP?

The “Geozip” report refers to the insurance company’s archive of providers who bill the insurance companies. This report contains: 1. the amount other medical providers have billed for the same CPT codes that YOU (THE Medical Provider) have billed, and 2.more importantly, the amount the various insurance companies reimbursed the medical providers.

Most judges require the insurance companies to compile this report whether or not they have one saved in their databases. This report could take weeks to compile! This report contains sensitive information. If the insurance company reimbursed you $5 less than the next provider for the same CPT code, the question becomes why? This is absolutely a question your PIP litigation attorney will ask the corporate representative of the insurance company at his/her deposition. Insurance companies will not voluntarily give up this information nor do they want it public record. Why? Because it gives an example of possible unfair bias toward one provider (paying an amount greater than others) and it specifies how much the insurance company truly reimburses for each CPT code at issue.

That is why it is essential to request this information:

  1. to use it for our case in chief
  2. to use it to show the jury that the insurer incorrectly reimbursed you, as the medical provider,
  3. to give the insurance company a taste of their own medicine.

These tactics if used correctly can lead to more money and PIP benefits for you, the medical provider. Some insurance companies do not wish to share this sensitive information while others will require an order from a judge to propound this information. Regardless, this information should lead to more money for the essential services you have provided your patients.

Conclusion

It is important to contact a PIP Litigation attorney who will formulate a strategy to recoup the money/PIP benefits you are to which you are entitled. GEOZIP reports help gather information insurance companies do not want the public to discover. Moreover, these reports will help your practice by:

  1. Keeping the insurance company busy compiling information
  2. Receiving key information indicating how much they reimbursed similarly situated providers
  3. Use insurance companies harassing tactics against them. GEOZIP reports are key in most PIP litigation suits.

We at LaBovick Law Group will help to ensure payment of PIP Benefits in a timely manner!

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.