Progressive Express Insurance Co. v. SimonMed Imaging, a/a/o Hilleri Brown
In a PIP reimbursement dispute, the Sixth DCA held that the "applicable schedule of Medicare Part B for 2007" floor in section 627.736(5)(a)2. refers back to the three fee schedules delineated in subparagraph 1.f., so the correct benchmark for "all other medical services" is the 2007 non-facility participating physicians fee schedule, not the higher non-participating "limiting charge." The court reversed summary judgment for the provider, directed entry of judgment for the insurer, and certified conflict with the Third District's Priority Medical Centers decision.
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