News & Events

On April 28, 2021, Florida’s Third District Court of Appeal issued its opinion in Priority Medical Center, LLC. a/a/o Susan Boggiardino v. Allstate No. 3D20-291. In Priority, the Court addressed whether the non-facility participating price or the non-facility limiting charge was the applicable fee schedule for Medicare Part B for 2007, for purposes for PIP reimbursement under the Schedule of Maximum Charges. The Court held the higher 2007 non-facility limiting charge was the proper reimbursement rate, affirming the lower court’s decision.

For years, carriers have routinely denied “penalties, interest, attorney’s fees and costs” when responding to Petitions for Benefits.  However, carriers must beware of denying “costs” as this simple act may result in exposure to thousands of dollars in attorney’s fees.