IN THE FLORIDA SUPREME COURT THE FLORIDA SUPREME COURT GEICO GENERAL INSURANCE ... and Nancy M....

IN THE FLORIDA SUPREME COURT

GEICO GENERAL INSURANCECOMPANY,

Petitioner,

vs. Case No. SC12-905

VIRTUAL IMAGING SERVICES,INC., as assignee of Maria Tirado,

Respondent./

AMICUS CURIAE ST PETE MRI'SNOTICE OF SUPPLEMENTAL AUTHORITY

Pursuant to Florida Rule of Appellate Procedure 9.225, Amicus Curiae MRI

Associates of St. Pete, Inc. ("St. Pete MRI") respectfully submits the following

supplemental authority discovered after the last brief served in this cause:

1. The case of Baker County Medical Services, Inc. v. Aetna Health

Management, LLC, 31 So.3d 842, (Fla. 1st DCA 2010), attached hereto as

"Exhibit A," is cited in support of the arguments presented in footnote 10 of St.

Pete MRI's amicus brief.

2. The final judgment issued on January 24, 2013 by the Honorable

James S. Moody, Jr. in MRI Associates ofSt. Pete, Inc. v. Dairyland Ins. Co., U.S.

Dist. Ct. M.D. Fla. Case No. 8:11-cv-665-EAK-MAP, Online Doc. #58

(www.fimd.uscourts.gov), attached hereto as "Exhibit B," is cited in support of the

{00369715.1 }

arguments presented in footnote 16 of St. Pete MRI's amicus brief.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy hereof was served by

Email on the following persons, on this /s day of , 20 :

• Counsel for Petitioner, Geico General Insurance Company: Frank A.Zacherl, Esquire, Email - [email protected]; Suzanne Labrit, Esquire, Email- [email protected]; and Jerel C. Dawsen, Esquire, Email [email protected];

• Counsel for Respondent, Virtual Imaging Services, Inc.: John Beranek,Esquire, Email - [email protected]; Harley N. Kane, Esquire, Email [email protected]; and Joseph P. Littman, Esquire, Email [email protected];

• Counsel for Florida Personal Injury Federation of Florida and NationalAssociation of Mutual Insurance Companies: Mary L. Aldrich, Esquire,Email - [email protected]; Nancy A. Copperthwaite, Esquire, Email- [email protected]; and Nancy M. Wallace, Esquire, Email [email protected];

• Counsel for American Insurance Association and Property CasualtyInsurers Association of America: Raoul G. Cantero, Esquire, Email [email protected]; T. Neal McAliley, Esquire, Email [email protected]; and Jesse L. Green, Esquire, Email [email protected];

• Counsel for Florida Justice Reform Institute: Cynthia S. Tunnicliff, Equire,Email - [email protected]; and Gerald D. Nelson Bryant, IV,Esquire, Email - [email protected];

• Counsel for the Travelers Companies, Inc.: Mark D. Tinker, Esquire, Email [email protected];

{00369715.1 }

• Counsel for Floridians for Fair Insurance, Inc.: Lawrence M. Kopelman,Esquire, Email - [email protected]; and

• Counsel for Gables Insurance Recovery, Inc.: Robert N. Pelier, Esquire,Email - [email protected], and Bart Billbrough, Esquire, Primary Email [email protected]; Secondary Email - [email protected]; and

• Counsel for Florida Medical Association: Gary M. Farmer, Sr., Esquire,Email - [email protected]; Edward H. Zebersky, Esquire, Email [email protected].

Respectfully Submitted,

de la PARTf& GILBERT, P.A.David M. Caldevilla, FBN 654248Primary Email: [email protected] Email: [email protected] R. Bray, FBN 58263Primary Email: [email protected] Email: [email protected] Office Box 2350Tampa, FL 33601-2350Telephone: (813) 229-2775

and

CRAIG E. ROTHBURD, P.A.Craig E. Rothburd, FBN 49182Email: [email protected] W. De Leon StreetTampa, FL 33606-2722Telephone: (813) 251-8800

and

{o0369715.1 } 3

THE JEEVES LAW GROUP, P.A.Scott R. Jeeves, FBN 0905630Primary Email: [email protected] Email: [email protected] First Avenue NorthSt. Petersburg, FL 33705Telephone: (727) 894-2929

and

THE DIVALE LAW GROUP, P.A.Lorca J. Divale, FBN 0173622Email: [email protected]. Box 22347St. Petersburg, FL 33742Telephone: (727) 321-5646

Counsel for Amicus Curiae,MRI Associates of St. Pete, Inc.,d/b/a St. Pete MRI

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Westlaw.Page 1

31 So.3d 842, 35 Fla. L. Weekly D438(Cite as: 31 So.3d g42)

H

District Court ofAppeal ofFlorida,First District.

BAKER COUNTY MEDICAL SERVICES, INC.d/b/a Ed Fraser Memorial Hospital, Appellant,

v.AETNA HEALTH MANAGEMENT, LLC, a Del-

aware Limited Liability Company, and HumanaMedical Plan, Inc., a Florida for-Profit Corporation,

Appellees.

No. ID08-0067.Feb. 24, 2010.

Rehearing Denied April 7, 2010.

Background: Hospital brought action against healthmaintenance organizations (HMOs) with which it didnot have a contract seeking an interpretation ofstatutegoverning reimbursement by an HMO for servicesprovided by a provider with whom it does not have acontract. De Circuit Court, Baker County, Mark W.Moseley, J., entered judgment interpreting the statute.Hospital appealed.

Holdings: The District Court of Appeal, Roberts, J.,held that:(1) term "provider" in statute was not limited to anyspecific type of provider, and£2) determination of fair market value of hospital'semergency services could include consideration ofamounts billed and accepted by hospital except Med-icare and Medicaid payments.

Affirmed in part, reversed in part, and remandedwith directions.

West Headnotes

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198 H Health198HV II Compensation

198Hk938 Regulation ofRates and Charges198Hk941 k. Health maintenance and sim-

ilar entities. Most Cited Cases

Term "piovider," in statute governing reim-bursement by a health maintenance organization(HMO) for services provided by a provider withwhom it does not have a contract, was not limited toany specific type of provider; term was specificallydefined elsewhere to include "any physician, hospital,or other institution, organization, or person that fur-nishes health care services and is licensed or otherwiseauthorized to practice" in the state. West's F.S.A. 6641.513(5).

121 Statutes 361 C©lg8

36 1 Statutes361VI Construction and Operation

361VI(A) General Rules ofConstruction361k187 Meaning ofLanguage

36 i k 188 k. In general. Most Cited Cases

When a statute does not define a term, courts relyon the dictionary to determine the definition.

]M Health 19gH C©941

198H Health198HVII Cosapensation

198Hk938 Regulation ofRates and Charges198Hk941 k. Health maintenance and sim-


What is called for by term "usual and customaryprovider charges" in statute governing reimbuisementby a health maintenance organization (HMO) forservices provided by a provider with whom it does nothave a contract is the fair market value of the servicesprovided; fair market value is the price that a willingbuyer will pay and a willing seller will accept in anann's-length transaction. West's F.S.A. 4 641.513(5).

H1 Health 19gH C=441

198H Health198HVII Compensation

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Exhibit "

coomnu ¡© 2013 Thomson Reuters. No Claba to Orig. US Gov. Works. Page i of 4

31 So.3d g42, 35 Fla. L. Weekly D43g(Cite as: 31 So.3d g42)


Determination of the fair market value of emer-gency services provided by hospital, for purposes ofstatute governing reimbursement by a health mainte-nance organization (HMO) for services provided by aprovider with whom it does not have a contract, couldinclude consideration of both the amounts billed byhospital and the amounts accepted by it in satisfactionof those bills with the exception of Medicare andMedicaid payments; Medicare and Medicaid reim-bursement rates were set by government agencies,rather than being the product of ann's-length negotia-tion, and hospital did not have the option to refuseservices to Medicare and Medicaid patients. West'sF.S.A 4 641.513(5)(b).

*g43 John D. Buchanan, Jr. and Laura Beth Faragassoof Henry, Buchanan, Hudson, Suber & Carter, P.A.,Tallahassee, for Appellant.

Edward J. Pozzuoli and Stephanie Alexander ofTrippScott, P.A., Fost Lauderdale, for Amicus Curiae,Florida Hospital Association.

Andres Gonzalez, Steven M. Ziegler, and H. MichaelMuniz of Law Offices of Steven M. Ziegler, P.A.,Hollywood, for Appellee Aetna Health Management,LLC.

Katherine E. Giddings, Steven A. Grigas, and BruceD. Platt of Akerman Senterfitt, Tallahassee, for Ap-pellee Humana Medical Plan, Inc.

George N. Meros, Jr. and Andy V. Bardos of Gray-Robinson, P.A., Tallahassee, for Amicus Curiae,Florida Association ofHealth Plans.

ROBERTS, J.Baker County Medical Services, Inc. (BCMS),

appeals a final judgment interpreting section641.513(5)(b), Florida Statutes (2006). BCMS raisestwo issues on appeal. First, BCMS argues that the trialcourt erred in ruling that the term "provider" in section641.513(5)(b) is not limited to any specific type ofprovider. We disagree and affirm on the first issue.Second, BCMS argues that the trial court erred inruling that the phrase "usual and customany providercharges" in section 641.513(5)(b) includes considera-tion of the amounts billed by providers, as well as the

amounts accepted by providers as payment. We agreein part and reverse with directions on the second issue.

BCMS operates a rural, not-for-profit hospital inBaker County, Florida, and provides emergencymedical services to patients who come or are broughtin to its emergency room. Under state and federal law,BCMS is required to provide emergency medicalservices to every person in need of such care. BCMSreceives payment for those services from a variety ofsources, including, but not limited to: the patientsthemselves, Medicaid and Medicare, health insurance,and health maintenance organizations (HMOs).

There are a variety ofways that prices are set foremergency medical services including, but not limitedto, the following. First, hospitals are required tomaintain, post, and file a list of their maximum priceswith the Agency for Health Care Administration(AHCA). See *g444 408.061, Fla. Stat. (2006). Thelist is referred to as a hospital's "charge master." Pa-tients paying for their own emergency medical ser-vices are typically billed the charge master price alt-hough hospitals oaen accept a lower payment in fullsatisfaction of the debt. Indigent patients are alsotypically billed the charge master price, but those costsare written off by the hospital, so the price to the pa-tient is effectively zero. Second, hospitals often con-tract with health insurance companies and HMOs for anegotiated rate for services. Third, for patients cov-ered by Medicare or Medicaid, the reimbursement rateis set by the government agency administering thoseprograms.

Reimbursement to hospitals providing emergencymedical services to patients who subscribe to an HMOthat does not have a contract with the hospital is de-termined according to section 641.513(5), FloridaStatutes (2006), which provides:

Reimbursement for services pursuant to this sectionby a provider who does not have a contract with thehealth maintenance organization shall be the lesserof:

(a) The provide/s charges;

(b) The usual and customary provider charges forsimilar services in the community where the ser-vices were provided; or

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(c) The charge mutually agreed to by the healthmaintenance organization and the provider within60 days of the submittal of the claim.

Aetna Health Management, LLC (Actna), andHumana Medical Plan, Inc. (Humana), are HMOswith subscribers who seek emergency medical ser-vices at BCMS. BCMS does not have a contract withAetna or Humana. As a result, when their subscribersreceive emergency medical services from BCMS,Aetna and Humana are billed the charge master rates.They then discount the charges and remit checks forthose services to BCMS marked as "payment in full."

In the trial court, BCMS filed an amended com-plaint for declaratory relief seeking an interpretationof subsection (5)(b). BCMS argued that, under thestatute, Aetna and Humana were required to pay theamount billed or the charge master rates. After a benchtrial, the trial court entered its fmal judgment andmade the following relevant findings:

2. As a matter of law, the Court finds that there is noambiguity in the language used by the legislature inSection 641.513(5), Florida Statutes. Nis Comtfurther finds that the amount of reimbursementunder Section 641.513(5)is a question of fact.

services," the trier of fact should consider all rele-vant factors, specifically including, but not limitedto, the amount ofpayment that the provider is *g45receiving from different sources for rendering thosesimilar services. This would include, but not belimited to, the reimbursement to the provider forsimilar services pursuant to Medicaid, Medican,contracts with insurers, contracts with other healthmaintenance organizations, worker's compensationpayments, private pay, charity care, indigent care,and payments received from any other payer source.

•••

8. De Court finds that under subsection641.513(5)(b), the determination of "usual andcustomary provider charges for similar services inthe community" is not limited to any specific type ofprovider....

Based on those findings, the trial court ruled that:A) The determination ofwhat constitutes "the usualand custornary provider charges for similar servicesin the cornamnity where the services were provid-ed" is a question of fact to be determined from theconsideration of different factors, including but notlimited to amounts billed and amounts received bythe provider for payment of the similar services.

4. The Comt finds that in Section 641.513(5),Florida Statutes, the Florida legislature intendedsubsection 641.513(5)(a) to mean that in determin-ing the proper reimbursement under the statute thetrier of fact should consider the provider's charge,which means the amount billed by the provider.

5.... The Court finds that a trier of fact could de-termine from the evidence presented that the pro-vider's "usual and custommy charge" may differfrom the provider's "charge...."

6. The Court finds that in determining the properreimbursement under subsection 641.513(5)(b), thetrier of fact may consider the amount billed by theprovider. However, because the bill by the providermay not be reflective of the charge that is usual andcustomary for the service at issue, to determine the"usual and customary provider charges for similar

B) The determination of what constitutes "thecommunity where the services were provided" is aquestion of fact that is not limited by the type ofprovider....

[1] On appeal, BCMS argues that the trial courterred in ruling that the term "provider" in section641.513(5) is not limited to any specific type of pro-vider. BCMS asserts that the term is limited only tohospitals. However, the term "provider" is specificallydefined in chapter 641 to include all providers ofsimilar services, not just hospitals. Section 641.513(5)is contained in part HI ofchapter 641, entitled "HealthCare Services." Section 641.47 contains the defini-tions for terms used in Part IH. Section 641.47(14)defines "provider" as "any physician, hospital, orother institution, organization, or person that furnisheshealth care services and is licensed or otherwise au-thorized to practice in this state."

[2H31 BCMS also argues that the trial court erredin ruling that the phrase "usual and customary charg-

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31 So.3d 842, 35 Fla. L. Weekly D438(Cite as: 31 So.3d 842)

es" includes consideration of the amounts billed bypmviders as well as the amounts accepted as payment.BCMS asserts that the "usual and customary charges"include only the amounts billed or the charge masterrates. The term "charges" is not defined in section641.513(5). When a statute does not define a term, werely on the dictionary to detennine the definition. SeeGreen v. State, 604 So.2d 471, 473 (Fla.1992)."Charge" is defined as a "[p]rice, cost, or expense."BLACK'S LAW DICTIONARY 248 (8th ed. 2004).In paragraph (5)(a), the tenn "charge" is modified bythe terms "usual" and "customary.""Usual" is definedas "[o]rdinary; customary" and "[e]xpected based onpavious experience." Id at 1579. "Customary" isdefined as "[a] record of all of the established legaland quasi-legal practices in a community."1d at 413.In the context of the statute, it is clear what is calledfor is the fair market value of the services provided.Fair market value is the price thqt a willing buyer willpqy and a willing seller will accept in an ann%4engthtressaellon. See United States v. Carheright. 41 1 U.S.546, 551, 93 S.Ct. I 713, 36 L.Ed.2d 528 (1973).

141 In determining the fair market value of theservlees, it is appropriale to consider the ammountsbllied and the amounts socepted by psoviders with oneeaseption. The ahnbarassenemies ibe Medicare andMedicaid are set by govensmee8 agencies and cannotbe said to be '846 "ana%§eagth." Moreover, in theemergency medical services context, hospitals do nothave the option that private providers have to refuse toprovide services to Medicare or Medicaid patients.Thus, it is not appropriate to consider the amountsaccepted by providers for patients covered by Medi-care and Medicaid.

Accordingly, the fmaljudgment is AFFIRMED inpart; REVERSED in part; and REMANDED withdirections for the trial court to enter a fmal judgmentconsistent with this opinion.

WOLF and LEW IS, JJ., concur.

Fla.App. I Dist.,2010.Baker County Medical Services, Inc. v. Aetna HealthManagement, LLC31 So.3d 842, 35 Fla. L. Weekly D438

END OF DOCUMENT

Exhibit "

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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

MRI ASSOCIATES OF ST. PETE, INC.d/b/a SAINT PETE MRI, as assignee,individually, and on behalf of all thosesimilarly situated,

CLASS REPRESENTATIONPlaintiff,

Case No.: 8:11-CV-665-JSM-MAPvs.

DAIRYLAND INSURANCE COMPANY,PEAK PROPERTY AND CASUALTYINSURANCE CORP., SENTRY INSURANCE,A MUTUAL COMPANY, and MIDDLESEXINSURANCE COMPANY.

Defendants.

FINAL ORDER AND JUDGMENT APPROVING CLASS ACTIONSETTLEMENT AND DISMISSING CLASS ACTION CLAIMS WITH PREJUDICE

THIS CAUSE came before the Court on January 24, 213 for a duly noticed Fairness

Hearing pursuant to Federal Rule of Civil Procedure 23. The Court, having considered the

record and the arguments ofcounsel and being otherwise advised in the premises, states:

WHEREAS, the Plaintiff, and the Defendants have entered into a class action settlement

agreement filed with this Court ("Settlement Agreement"), together with related documents; and

WHEREAS, the Court entered an Amended Order Certifying Settlement Class and

Preliminarily Approving Class Action Settlement and Notice of Fairness Hearing on Thursday,

January 24, 2013, at 9:00 a.m. (the "Order of Preliminary Approval"), certifying a class in this

action for settlement purposes; preliminarily approving the proposed settlement; ordering notice

to potential class members; providing those persons with an opportunity either to exclude

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themselves from the Settlement Class or to object to the proposed settlement; and scheduling a

Fairness Hearing; and

WHEREAS, the Court held a duly noticed Fairness Hearing on January 24, 2012, to

determine whether to finally approve the proposed settlement; and

WHEREAS, the parties have complied with the Order of Preliminary Approval and the

Court finds that the Settlement Agreement is fair, adequate, and reasonable, and that it should be

finally approved.

NOW THEREFORE, based on the submissions of the parties and Settlement Class

Members, any objections, any testimony adduced at the Fairness Hearing, the pleadings on file,

and the argument of counsel, the Court hereby finds, and it is hereby ORDERED, ADJUDGED

AND DECREED, as follows:

1. Incorporation of Defined Terms. Except where otherwise noted, all capitalized

terms used in this Final Order and Judgment and in the release attached hereto as Appendix "B"

hereto shall have the meanings set forth in the definitions set forth in Appendix "A" hereto.

2. Jurisdiction. The Court has personal jurisdiction over all Settlement Class

Members and has subject matter jurisdiction over the Lawsuit, including, without limitation,

jurisdiction to approve the proposed settlement, to grant final certification of the Settlement

Class, to settle and release all claims arising out of the transactions alleged in the Lawsuit or the

Released Claims, and to dismiss the claims in this Lawsuit on the merits and with prejudice.

3. Final Class Certification. The Settlement Class that this Court previously

certified in its Order of Preliminary Approval is hereby finally certified for settlement purposes

under Federal Rule of Civil Procedure 23(b)(2) and (3). The Court adopts and incorporates its

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class certification findings as set forth in its Order of Preliminary Approval. The "Settlement

Class" consists of:

All persons or entities: (a) who are health care providers asdescribed by Section 627.736(1)(a), Florida Statutes (2007-2011),or their assigns; (b) who any time during the Class Period providedmedical services to any person insured by SENTRY INSURANCEunder a Covered Auto Policy; (c) who own an assignment ofbenefits from said insured; (d) who submitted bills to SENTRYINSURANCE for payment of such medical services; (e) where theamounts charged exceeded the rates described in Section627.736(5)(a)2.a. through f., Florida Statutes (2007-2011); and(f) who received payment from SENTRY INSURANCE based onthe rates described in Section 627.736(5)(a)2.a. through f., FloridaStatutes (2007-2011).

"Covered Auto Policy(ies)" shall mean all motor vehicle policiesissued by SENTRY INSURANCE under Florida law that:(a) included PIP, Medical Payments, or Medical Expense no-faultcoverage; (b) were issued or were in effect on or after January 1,2008; but were not issued on or after January 1, 2013; and (c) didnot include any express reference to the schedule of maximumcharges referenced in Section 627.736(5)(a) of the No-Fault Law.

The Class Period means the period beginning on January 1, 2008and continuing through the time that any medical services areprovided and reimbursed under a Covered Auto Policy.

Excluded from the Settlement Class are: (1) any claims for medicalservices reimbursed pursuant to PIP or other no-fault medicalbenefits coverage provided under motor vehicle insurance policiesthat expired on or before December 31, 2007; (2) any claimsresolved by separate settlement or in demand prior to the end of theClass Period; (3) any claims resolved under the May 5, 2010 FinalJudgment, any amended Final Judgment, or any approved classsettlement addressing post-final judgment claims in AFO Imaging,Inc. v. Peak Prop. & Cas. Ins. Corp. et al., Case No. 21533, In theCircuit Court of the Thirteenth Judicial Circuit of the State ofFlorida, in and for Hillsborough County, Florida; (4) SENTRYINSURANCE, any entities in which SENTRY INSURANCE has acontrolling interest, and all of their legal representatives, heirs andsuccessors; and (5) members of the judiciary for the United States

(com230.2}

3 Exhibit "

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District Court for the Middle District ofFlorida.

4. Adequacy of Representation. The Court finds that Class Counsel and Plaintiff

have fully and adequately represented the Settlement Class for purposes of entering into and

implementing the settlement and have satisfied the requirements of Federal Rule of Civil

Procedure 23.

5. Class Notice. The Court finds that the content and distribution of the Notice of

Proposed Class Action Settlement and Fairness Hearing ("Class Notice"), in accordance with the

terms of the Settlement Agreement and this Court's Order of Preliminary Approval, and as

explained in the declarations filed at or before the Fairness Hearing:

(a) constituted the best practicable notice to Settlement Class Members under

the circumstances of this action;

(b) was reasonably calculated, under the circumstances, to apprise Settlement

Class Members of: (i) the pendency of this class action; (ii) their right to exclude themselves

from the Settlement Class and the proposed settlement; (iii) their right to object to any aspect of

the proposed settlement (including without limitation final certification of the Settlement Class,

the fairness, reasonableness or adequacy of the proposed settlement, the adequacy of the

Settlement Class's representation by Plaintiff or Class Counsel, the award of attorneys' fees and

expenses to Class Counsel and/or the award of an incentive payments to the named Plaintiffs);

(iv) their right to appear at the Faimess Hearing (either on their own or through counsel hired at

their own expense) if they did not exclude themselves from the Settlement Class; and (v) the

binding effect of the orders and Final Order and Judgment in this action, whether favorable or

unfavorable, on all persons or entities who do not request exclusion from the Settlement Class;

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(c) was reasonable and constituted due, adequate and sufficient notice to all

persons or entities entitled to be provided with notice; and

(d) fully satisfied the requirements of the United States Constitution, the

Florida Constitution, the Federal Rules of Civil Procedure, the Rules of this Court, and any other

applicable rules or law.

(e) the Court adopts and incorporates herein the Affidavit of Joel Botzet on

behalf of Settlement Class Administrator, Rust Consulting, Inc. Regarding SENTRY

INSURANCE Class Administration as the list of Settlement Class Members who were provided

direct mail notice of the settlement and are therefore bound by this Final Order and Judgment,

excluding only those persons or entities identified as Opt-Outs as provided herein.

The Court approves the form of supplemental Class Notice attached as Exhibit "A" to the

Joint Motion for Final Approval ofProposed Class Action Settlement (the "Joint Motion.")

6. CAFA Notice. The Court finds that the content and distribution of the notice

provided to state and federal officials satisfies the requirements of the Class Action Fairness Act,

28 U.S.C. § 1715. The Affidavit of Edward K. Cottrell Regarding Mailing of CAFA Notice has

been filed in conjunction with the Joint Motion [Dkt. 55].

7. Opt-Outs. A list of those persons or entities who have timely and validly

excluded themselves from the Settlement Class (i.e., Opt-Outs), and who therefore are not bound

as Settlement Class Members by this Final Order and Judgment, is attached hereto as Appendix

"C," which is incorporated herein and made a part hereof for all purposes. The parties shall

supplement the opt out list as necessary to identify any Settlement Class Members who timely

submit a valid Opt-Out exclusion request after the date of this Final Order and Judgment.

(00351230.2 3

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8. Final Settlement Approval. The terms and provisions of the Settlement

Agreement, including all amendments and exhibits, have been entered into in good faith and are

hereby fully and finally approved as fair, reasonable and adequate as to, and in the best interests

of Plaintiff and the Settlement Class Members, and in full compliance with all applicable

requirements of the Federal Rules of Civil Procedure, and any other applicable rules or law. The

parties and Settlement Class Members are hereby directed to implement and consummate the

Settlement Agreement according to its terms and provisions. To the extent, if any, that

objections to the Settlement Agreement were filed, such objections, if any, have been considered

by the Court and are hereby overruled.

9. Binding Effect. The terms of the Settlement Agreement and of this Final Order

and Judgment shall be forever binding on Plaintiff and all other Settlement Class Members, as

well as their heirs, representatives, executors and administrators, successors and assigns, and

those terms shall have res judicata and full preclusive effect in all pending and future claims,

lawsuits or other proceedings maintained by or on behalf of any such persons or entities, to the

extent those claims, lawsuits or other proceedings involve matters that were or could have been

raised in this Lawsuit or are otherwise encompassed by the Release described in the next

paragraph of this Final Order and Judgment.

10. Release. Upon the Effective Date, the Release attached hereto as Appendix "B"

shall be valid and binding.

Exhibit "6

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11. Bar to Asserting Released Claims. Upon the Effective Date, the Plaintiff and all

Settlement Class Members who have not been recognized by the Court as validly excluded from

the Settlement Class, whether or not they retum a Claim Form within the time and in the manner

provided for, shall be barred from asserting any Released Claims against the Released Parties,

and Plaintiff and the Settlement Class Members shall have released any and all Released Claims

against the Released Parties.

12. Permanent Injunction. All Settlement Class Members who have not been

recognized by the Court as validly excluded from the Settlement Class are hereby permanently

barred and enjoined from: (i) filing, commencing, prosecuting, continuing to prosecute,

maintaining, intervening in, participating in (as class members or otherwise), or receiving any

benefits or other relief from, any other lawsuit, arbitration, or administrative, regulatory or other

proceeding or order in any jurisdiction based on or relating to the claims and causes of action, or

the facts and circumstances relating thereto, in the Lawsuit and/or the Released Claims;

(ii) organizing or soliciting the participation of any Settlement Class Members in a separate class

for purposes of pursuing as a purported class action (including by seeking to amend a pending

complaint to include class allegations, or by seeking class certification in a pending action) any

lawsuit or other proceeding based on the Released Claims; and (iii) assigning to any other person

the Released Claims under this Final Order and Judgment. The Court f'mds that issuance of this

permanent injunction is necessary and appropriate in aid of the Court's jurisdiction over the

Lawsuit and to protect and effectuate the Court's Final Order and Judgment. In the event any

Settlement Class Member who has not been recognized by the Court as validly excluded from

the Settlement Class serves upon SENTRY INSURANCE a notice of intent to initiate litigation

{00H1230.21

7 Exhibit " "Page } of 7

Case 8:11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 8 of 27 PageID 895Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 9 of 28 PagelD 868

under Chapter 627 of the Florida Statutes or a civil remedy notice under Chapter 624 of the

Florida Statutes, SENTRY INSURANCE shall cause to be sent to such Settlement Class

Member a form response in substantially the form attached as Exhibit "B" to the Joint Motion for

Final Approval of Proposed Class Action Settlement, advising the Settlement Class Member of

this permanent injunction and the release of claims described in paragraph 10, above.

13. Enforcement of Settlement. Nothing in this Final Order and Judgment or any

order entered in connection herewith shall preclude any action to enforce the terms of this Final

Order and Judgment or the Settlement Agreement.

14. Attorneys' Fees and Expenses. Class Counsel are hereby awarded attorneys'

fees and costs as set forth below. The Jeeves Law Group, P.A., Craig E. Rothburd, P.A., The

Divale Law Group, P.A., and de la Parte & Gilbert, P.A. are awarded a total collective payment

of attorneys' fees and expenses in the amount of One Hundred and Eighty Two Thousand and

Fifty Eight Dollars ($182,058). SENTRY INSURANCE may fulfill its payment obligation

according to the terms set forth in the Settlement Agreement or as otherwise agreed by Class

Counsel and SENTRY INSURANCE. SENTRY INSURANCE shall make payment of the

foregoing amount awarded within twenty (20) business days of the Effective Date.

15. Incentive Awards. The named Plaintiff, MRI Associates of St. Pete, d/b/a Saint

Pete MRI, is hereby awarded $5,000 as compensation for its time and effort in connection with

the litigation of this matter. This payment shall be made within twenty (20) business days of the

Effective Date in a reasonable manner as directed by counsel for the named Plaintiff.

16. No Other Payments. Paragraph 14 of this Final Order and Judgment covers and

shall be SENTRY INSURANCE's sole obligation for any and all claims for attorneys' fees and

(com23o.2)

8 Exhibit "Page V of Q

Case'8:11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 9 of 27 PageID 896Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 10 of 28 PageID 869

expenses, costs or disbursements incurred by Class Counsel or any other counsel representing

Plaintiff or Settlement Class Members, or incurred by Plaintiff or the Settlement Class Members,

or any of them, in connection with or related in any manner to the Lawsuit, the settlement of the

Lawsuit, the administration of such settlement, and/or the Released Claims except to the extent

otherwise specified in this Final Order and Judgment and the Settlement Agreement.

17. No Admissions. Neither this Final Order and Judgment, nor the Settlement

Agreement (nor any other document referred to herein, nor any action taken to negotiate,

effectuate and implement the Settlement Agreement) is, may be construed as, or may be used as

an admission or concession by or against any party hereto as to the validity or invalidity of any

claim or defense, or of any actual or potential fault or liability, or of any lack of fault or liability.

Additionally, neither the Settlement Agreement nor any negotiations, actions, or proceedings

related to it, shall be offered or received in evidence in any action or proceeding against any

party hereto or SENTRY INSURANCE in any court, administrative agency or other tribunal for

any purpose whatsoever, except to enforce the provisions of this Final Order and Judgment and

the Settlement Agreement; provided, however, that this Final Order and Judgment and the

Settlement Agreement may be filed and used in any action, arbitration or other proceeding

against or by SENTRY INSURANCE to support a defense of res judicata, collateral estoppel,

release, waiver, good-faith settlement, judgment bar or reduction, full faith and credit, or any

other theory of claim preclusion, issue preclusion or similar defense or counterclaim.

18. No Representations Regarding Taxes. The Court finds that the parties and their

counsel have expressed no opinions concerning the tax consequences of the settlement to

Settlement Class Members and have made no representations, warranties or other assurances

(00351230,2 )

9 Exhibit "Page of

tase 8:11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 10 of 27 PageID 897Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 11 of 28 PagelD 870

regarding any such tax consequences. No opinions, representations, warranties, or other

assurances shall be deemed to have been made by the parties or their counsel with respect to any

such tax consequences by virtue of the Settlement Agreement or by effectuating the settlement,

and the parties and their counsel shall not be responsible or liable for any such tax consequences

that may occur.

19. Discovery. The confidentiality provisions of the Court's Order of Preliminary

Approval shall remain in force. No discovery with regard to the Settlement Agreement or the

proposed settlement and its administration shall be permitted by any Settlement Class Members

or other persons, other than as may be directed by this Court upon a proper showing seeking such

discovery by motion properly filed with this Court noticed and served in accordance with the

governing rules ofprocedure.

20. Dismissal of Claims. The claims asserted in the Lawsuit, including all of the

individual and class claims alleged therein and those identified as Released Claims, are hereby

dismissed on the merits and with prejudice against Plaintiff and all other Settlement Class

Members, without fees or costs to any party except as specifically provided in this Final Order

and Judgment.

21. Retention of Jurisdiction. Without affecting the finality of this Final Order and

Judgment, the Court shall have exclusive and continuing jurisdiction over the implementation,

interpretation, execution, and enforcement of the Settlement Agreement; of any orders and this

Final Order and Judgment entered by the Court; of any questions regarding membership or

exclusion from the Settlement Class and/or of the conduct or the policies and procedures

described herein, with respect to all parties hereto and all beneficiaries hereof, including all

{00351230.2 |

10 Exhibit " "Page | D of

Case 8:11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 11 of 27 PageID 898Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 12 of 28 PagelD 871

Settlement Class Members.

Signed this day of , 2013.

Ho o e James S. Moody, r.U it States District Court Judge

Conformed copies:All parties of record

""'"ul Exhibit "Page l| of 2

tase 8:11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 12 of 27 PageID 899Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 13 of 28 PageID 872

APPENDIX "A"

DEFINITIONS

Except where otherwise indicated, all capitalized terms used in the foregoing Final Order

and Judgment and its Appendices shall have the meanings set forth below.

A. "Class Counsel" means, collectively, counsel for MRI Associates of St.

Pete d/b/a Saint Pete MRI and the Settlement Class: The Jeeves Law Group, P.A., Craig E.

Rothburd, P.A., The Divale Law Group, P.A., and de la Parte & Gilbert, P.A.

B. "Class Member(s)" or "Settlement Class Member(s)" means the named

Plaintiff as well as any member of the Settlement Class as defined in the Settlement Agreement

who is not recognized as excluded from the Settlement Class as set forth in Exhibit "C" to this

Final Order and Judgment or subsequent order of this Court.

C. "Class Period" means the period beginning on January 1, 2008 and

continuing through the time that any medical services are provided and reimbursed under a

Covered Auto Policy.

D. "Court" means the Court presiding over the Lawsuit.

E. "Covered Auto Policy(ies)" mean all motor vehicle policies issued by

SENTRY INSURANCE under Florida law that: (a) included PIP, Medical Payments, or Medical

Expense no-fault coverage; (b) were issued or were in effect on or after January 1, 2008; but

were not issued on or after January 1, 2013; and (c) did not include any express reference to the

schedule ofmaximum charges referenced in Section 627.736(5)(a)2.a-f of the No-Fault Law.

F. "Effective Date" means the date on which the Court's Final Order and

Judgment becomes final, without modification, and no longer subject to review, rehearing,

appeal, petition for allowance of appeal, petition for certiorari, or other review of any kind.oonmou A-1

Exhibit "Dage 12 of

tase 8:11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 13 of 27 PageID 900

Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 14 of 28 PageID 873

G. "Fairness Hearing" means the hearing that occurred on January 24, 2013

where the Court considered the fairness of the proposed settlement for final approval.

H. "Lawsuit" means the action pending in this Court as captioned above.

I. "Medical Expense" means Medical Expense no-fault coverage provided

under a Covered Auto Policy.

J. "Medical Payments" means Medical Payments no-fault coverage provided

under a Covered Auto Policy.

K. "No-Fault Law" means the Florida Motor Vehicle No-Fault Law, Sections

627.730-627.7405, Florida Statutes (2007-2011).

L. "No-Fault Coverage" means first party no-fault coverage issued by

SENTRY INSURANCE in Florida during the class period including Personal Injury Protection,

Medical Expense, and Medical Payments coverages.

M. "Order of Preliminary Approval" means the Order Certifying Settlement

Class and Preliminarily Approving Class Action Settlement entered in this Lawsuit.

N. "Party(ies)" means Plaintiff, individually and as representative of the

Settlement Class, and SENTRY INSURANCE.

O. "Plaintiff" means the named plaintiff, St. Pete MRI, individually and as

representative of the Settlement Class.

P. "Plaintiffs" means the named Plaintiff and the members of the Settlement

Class as defined below, together with their heirs, successors, assigns, attorneys, agents and

representatives.

øo»mui A-2

Exhibit "Page I3 of_Ü_


Q. "PIP" means personal injury protection, and when referring to PIP

coverage shall mean Personal Injury Protection coverage provided under a Covered Auto Policy.

R. "PIP Statute" means Section 627.736 of the No-Fault Law, enacted on

October 11, 2007, and as amended thereafter, excluding any versions thereof scheduled to

become effective January 1, 2013.

S. "Release" means the Release referenced in Paragraph 10 of this Final

Order and Judgment and attached as Appendix B hereto.

T. "Released Claims" means the Released Claims as defined in the Release

attached as Appendix B to this Final Order and Judgment.

U. "Released Parties" means the Released Parties as defined in the Release

attached as Appendix B to this Final Order and Judgment.

V. "SENTRY INSURANCE" means Sentry Insurance a Mutual Company,

Dairyland Insurance Company, Peak Property and Casualty Insurance Corporation, and

Middlesex Insurance Company.

W. "Settlement Agreement" means the Settlement Agreement and Stipulation

approved by this Final Order and Judgment, together with all Exhibits referenced therein.

X. "Settlement Class" means Settlement Class defined and described in

paragraph 3 in this Final Order and Judgment.

Y. "St. Pete MRI" means MRI Associates of St. Pete d/b/a Saint Pete MRI

and each of its present and former principals, officers, directors, agents, employees, attorneys,

predecessors, successors, parent companies, subsidiaries, affiliates, assigns, and/or anyone acting

or purporting to act for it or on its behalf.

øomno.n A-3

Exhibit "Page 19 of__'Q_


Z. To the extent not defined above, any terms used herein shall have the

meanings as set forth in the Settlement Agreement.

coo35maa A-4

Exhibit "Page 15 of_21_

tase 8:11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 16 of 27 PageID 903Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 17 of 28 PageID 876

APPENDIX B

RELEASE

Except where otherwise indicated, all capitalized terms in this Release shall have

the meaning set forth in Appendix "A" to the Final Order and Judgment.

The Plaintiff and all other Settlement Class Members who have not been

recognized by the Court as validly excluded from the Settlement Class, hereby expressly

acknowledge and agree, on their own behalf and on behalf of each of their respective heirs,

trustees, executors, administrators, principals, beneficiaries, representatives, agents, and present

and former officers, directors, employees, insureds, attorneys, contractors, predecessors,

successors, parent companies, subsidiaries, divisions, affiliates, and assigns, and/or anyone

claiming through them or acting or purporting to act for them or on their behalf, that they release

and discharge the Released Parties of and from all Released Claims and shall not now or

hereafter initiate, maintain, or assert against any of the Released Parties, either directly or

indirectly, derivatively, on their own behalf, on behalf of the Settlement Class, or on behalf of

any other person or entity any right, liability, claim, or cause of action arising out of or relating

to the Released Claims.

"Released Parties" means SENTRY INSURANCE, any person or entity covered

or insured by SENTRY INSURANCE, and any third party that provided medical bill review or

audit services to SENTRY INSURANCE, and each of their respective present and former

officers, directors, employees, insurers, insureds, attorneys, predecessors, successors, parent

companies, subsidiaries, affiliates, assigns, and/or anyone acting or purporting to act for them or

on their behalf.

toomuo.n B-1

ibit "e Ib of_21_.


"Released Claims" means any and all claims, actions, demands, lawsuits, rights,

liabilities, declarations, damages, losses, attorneys' fees, interest, expenses, costs and causes of

action, whether accrued or unaccrued, known or unknown, fixed or contingent, including without

limitation contractual or extra-contractual claims or damages (inclusive of bad faith), claims or

damages at law or in equity, or penalties and punitive claims or damages of any kind or

description which now exist or heretofore existed, by or on behalf of any Settlement Class

Member against the Released Parties, including without limitation those which have been or

could have been asserted in the Lawsuit, arising out of or relating to any Released Parties'

calculation of amounts that may be charged and paid for medical services during the Class

Period under PIP, Medical Expense, Medical Payments, or other no-fault coverages provided

under a Covered Auto Policy arising from the application of the schedule of maximum charges

set forth under Section 627.736(5)(a)2., Florida Statutes (2007-2011) to deductibles or payment

of medical services. Released Claims, as applied to SENTRY INSURANCE'S insureds, shall

extend to any claim or liability to pay any of the amounts reduced by any of the Released Parties

and released above; except that claims arising from the insureds' co-payment obligations or

expenses incurred by the insureds outside the coverage scope or after exhaustion of the insureds'

cumulative no-fault benefits are not released.

It is specifically understood that the failure of any party to comply with the terms

of the Settlement Agreement, shall not be part of the Released Claims.

(co35123o.2) A-2

Case 8':11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 18 of 27 PageID 905Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 19 of 28 PagelD 878

APPENDIX "C"

APPROVED OPT OUTS

TIN Name

1 262562595 Al Imaging, Centers, LLC d/b/a Al Medical Imaging

2 593682760 Access Health Care, LLC dba Access Healthcare

3 364646915 Accident and Injury Clinic, Inc

4 272397570 Accu-Med Diagnostic Centers

5 201313310 Active Spine Center of Homestead

6 593710252 Advanced Imaging Ctr of Leesburg, LLC

7 260834010 Advanced X-Ray Analysis

8 261289233 Altamonte Springs Diagnostic

9 650907147 Amazing Touch Chiropractic, Inc.

10 542125368 American MRI

11 631287427 Athans Chiropractic, Inc.

12 650357304 Aventura Orthopedicare Center

13 208484004 B & A Diagnostic

14 141868826 B&T Medical Center

15 264398776 Back 2 Life Rehabilitation Center

16 204642776 Back in Motion, Sarasota Physical Therapy, P.L. dba Back In Motion PhysicalTherapy

17 470916677 Bacus Chiropractic, Inc. d/b/a Pam-Aire Medical & Rehab Center

18 592425151 Baptist Health Care d/b/a Baptist Health Care Corporation

19 590657322 Baptist Health Care d/b/a Baptist Hospital, Inc.

20 592425149 Baptist Health Care d/b/a Jay Hospital

21 352274952 Baptist Health Care d/b/a The Andrews Institute

emuou C-1

Exhibit "Dage ) of_11...

Case 8111-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 19 of 27 PageID 906Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 20 of 28 PageID 879

TIN Name

22 201888382 Bartow HMA, LLC d/b/a Bartow Regional Medical Center

23 043617670 Beach Side Chiropractic

24 592496970 Bigley & Associates, d/b/a Premier Orthopedic of Orlando

25 592896930 Bixon Chiropractic Center

26 453452528 Bougie Center for Chiropractic and Alternative Medicine

27 205471139 Bowes Imaging Center LLC/Axcess Diagnostics Pointe West LLC

28 203920577 Broward Health and Wellness, P.A.

29 320011427 Broward Manual Rehad, INC

30 650666516 Cape Memorial Hospital, INC

31 650308633 Care First Chiropractic Center, Inc.

32 204312626 Carlisi Chiropractic Center, INC

33 593309499 Central Imaging Open MRI

34 261412855 Chiro Group, LLC

35 651053324 Chiro-Fitness Centers, Inc.

36 900615626 Chiropractic Care Clinic

37 650653959 Chiropractic Trust LLC dba Grasso Chiropractic

38 200195256 Citrus HMA, LLC d/b/a Seven Rivers Regional Medical Center

39 452465229 Coastal Medical Devices

40 593609982 Coastal Neurology

41 800249622 Coconut Creek Rehab Center

42 204836807 Complete Chiropractic Centers, Inc.

43 593665349 Complete Family Chiropractic Health Care, Inc. dba Complete FamilyHealth Care

Chiropractic

44 593419083 Complete Wellness Center ofOrange City

45 593361363 Comprehensive Physician Services

coeumo.n A-2

Exhibit " "%ge 1°| of 27

ase 8Í11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 20 of 27 PageID 907Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 21 of 28 PagelD 880

TIN Name

46 593149879 Comprehensive Physician Services

47 331173075 Coral Gables Chiropractic

48 202262581 Corrective Chiropractic Spinal Rehabilitation Center, Inc. dba CorrectiveChiropractic

49 650809221 Country Line Chiropractic

50 582628310 County Line Chiropractic East Plantation

51 010617423 County Line Chiropractic Pembroke Pines

52 202618438 County Line Chiropractic University at Commercial

53 562469428 Daytona Chiropractic Clinic

54 203843806 Dean M. Zusmer, DC PA

55 262747291 Deerfield Beach Rehab

56 650977151 Deltona Advanced Wellness Medical Center, inc

57 593662722 Demetree Chiropractic Group

58 272010333 Digital Spinetics, P.A.

59 550840868 Dimensional Imaging, Inc. dba Dimensional Imaging

60 141549916 Dr. Anthony Cafiero, DC

61 650747457 Dr. Anthony Caruso, P.A.

62 079380169 Dr. Chris E. Langheir

63 203174914 Dr. Gary R. Borkas, LLC, DC

64 591929046 Dr. Robert Amara

65 651071685 DSE Health Systems, Inc.

66 205144505 Edward J. Leonard, D.C., PA dba Florida Wellness and Rehab

67 203067079 Elite Imaging Aventura, LLC

68 651091915 Elite Imaging LLC

69 264047926 Elite Imaging Miami Beach LLC

cassmm A-3

Exhibit "

Case 8i11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 21 of 27 PageID 908Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 22 of 28 PageID 881

TIN Name

70 593743793 Excel Medical Imaging, P.L.

71 261408615 Excelsior Health Group

72 760839912 Family Chiropractic Center for Wellness dba Family Chiropractic Center forWellness

73 590724459 Family Health Center

74 593113170 Fiorini Chiropractic Center, P.A.

75 264732643 First Choice Chiropractic Center

76 272986390 First Choice Chiropractic ofOrmond, INC

77 264399100 First Choice Medical Rehabilitation Center

78 590675143 Flagler Hospital, Inc., d/b/a Flagler Hospital Inc

79 593475930 Florida Institute for Advanced Diagnostic Imaging

80 043600705 Florida Medical and Injury Center

81 593393219 Florida Medical Associates d/b/a All Family Clinic ofDaytona Beach

82 113829545 Florida Medical Consultants

83 611602735 Florida Wellness and Rehab, P.A

84 200892877 Forest Hills Injury Center

85 870751716 Fort Myers Injury Center

86 203222585 Fort Myers Total Rehab Center

87 275305874 Ft. Lauderdale Medical Center, Inc. d/b/a Pompano Health Care Center

88 203970506 G&S Chiropractic

89 593372467 Gainesville Open MRI Center

90 651096642 Garrett R. Weinstein, D.C. PA

91 650404712 Glenn D. Berger, DC, P.A. dba Berger Chiropractic and Wellness

92 262381360 Gregory Cobb, D.C., dba Cobb Rehab and Wellness

93 590714812 Gulf Coast Medical Center

musimu A-4

Exhibit "2_L_of 27

base 8':11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 22 of 27 PageID 909Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 23 of 28 PageID 882

TIN Name

94 593663681 Gulf Coast Medical Center, Physical Therapy

95 593184672 Haines City HMA, LLC d/b/a Heart of Florida Regional Medical Center

96 596001217 Halifax Community Health System, d/b/a Halifax Hospital Medical Center

97 592898487 Halifax Healthcare Systems, Inc. (HHCSI), d/b/a Hallifax Health

98 651078147 Hallandale Open MRI

99 593668826 Hatch Orthopaedic, PA

100 650832790 Hernando HMA, LLC, d/b/a Brooksville Regional Hospital and Spring HillRegional Hospital

101 680045270 HMA Santa Rosa Medical Center, LLC, d/b/a Santa Rosa Medical Center

102 261829967 Hochman Family Chiropractic, Inc.

103 300118132 Homosassa Open MRI, Inc. dba Homosassa Open MRI

104 300310356 ISO-Diagnostics Testing, Inc.

105 205501032 Jacksonville Injury Treatment Center

106 593273215 James K. Shea, M.D., Inc., dba Physical Medicine Pain Center

107 650334133 Jeffrey L. Katzell, M.D, PA dba Lake Worth Medical

108 275198130 Kendall Chiro, LLC

109 261675235 Keren H. Gomez, DC, PA

110 650905661 Key West HMA, LLC d/b/a Lower Keys Medical Center

111 272695112 Lake Shore HMA, LLC d/b/a Shands Lake Shore Hospital

112 200353237 Lake Worth Chiro Assoc. Inc., dba Chiro. Assoc. of Lake Worth

113 650284931 Lee Trachtenberg, DC, PA

114 651144586 Lehigh HMA, LLC, d/b/a Lehigh Regional Medical Center

115 272691609 Live Oak HMA, LLC, d/b/a Shands Live Oak Regional Medical Center

116 273685864 Live Well Chiropractic, PLLC

117 593734662 Long Chiropractic and Rehab Center

øenmui A-5

Xhibite 2'1 of '2}

Case 8i11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 23 of 27 PageID 910Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 24 of 28 PageID 883

TIN Name

118 203433894 Madrid, LLC d/b/a Florida Open MRI

119 593166891 Marc Irwin Sharfman, M.D., PA, d/b/a Headache and Neurological TreatmentInstitute

120 650906457 Margate Chiropractic Clinic, Inc.

121 590637874 Martin Memorial Medical

122 593421552 Mauricio Chiropractic Clinics, P.A.

123 204082639 Mauricio Chiropractic East Colonial, LLC

124 592882088 Mauricio Chiropractic Group, Inc.

125 261554712 Mauricio Chiropractic Poiciana

126 050589556 Mauricio Chiropractic South, LLC

127 590714831 Mayo Clinic

128 593337028 Mayo Clinic Jacksonville

129 273142044 Melbourne HMA, LLC d/b/a WuesthoffMedical Center - Melbourne

130 272918526 Millenium Healthcare Diagnostics, Inc. d/b/a Florida Open MRI

131 223893326 Miller Chiropractic & Medical Centers, INC, dba Premier Miller Orthopedic &Medical Centers and Premier Miller Auto Injury Treatment Centers

132 264537216 Miracle Chiropractic and Rehab Center

133 650114395 Mitchell R. Greenberg DC PA

134 650002758 Mitchell R. Pollak, M.D. P.A.

135 542156456 MR Services I, Inc., fka MR Services I, LLC

136 753097607 MRI Asociates of Spring Hill, Inc. dba Spring Hills MRI

137 200144653 MRI Associates ofAmerica

138 272366208 MRI Associates ofLakeland, LLC dba Highland MRI

139 593548559 MRI Associates ofTampa, Inc. dba Park Place MRI

140 270611680 MRIFL.com

coesmo.u A-6

Exhibit "Page 23 of_2

Case 8Í11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 24 of 27 PageID 911Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 25 of 28 PageID 884

TIN Name

141 203889500 Multicare Rehabilitation, LLC

142 592390209 Munroe Regional MC

143 590694358 Naples Community Hospital d/b/a Naples Community Hospital

144 204401957 Naples HMA, LLC, d/b/a Physicians Regional Medical Center

145 251906328 Naples Injury Treatment Center

146 30509169 New Smyrna Imaging, INC

147 596012065 North Broward Hospital District dba Broward Health

148 800138574 North Florida Chiropractic Center, Inc.

149 8304231133 North Lauderdale Chiropractic Center, Inc.

150 371584924 North Orlando Spine Center, LLC

151 651147871 Open Magnetic Scanning, Ltd. d/b/a Windsor Imaging

152 650891853 Open MRI & CT of South Miami dba Delray Diagnostics

153 261998026 Optimal Wellness and Rehab Center

154 593322533 Orlando Health d/b/a South Lake Hospital

155 591726273 Orlando Health, d/b/a Orlando Regional Medical Center

156 591281292 Orthopaedic Clinic ofDaytona

157 203728235 OsceolaSC, LLC d/b/a St Cloud Regional Medical Center

158 721572765 Palm Aire-Medical & Rehab Center, Inc. d/b/a Fort Lauderdale Chiropractic &Rehab Center

159 650937561 Palm Beach Regional MRI, INC

160 651057401 Pan AM Diagnostic of Orlando

161 651752350 Pan AM Diagnostic Services, INC

162 593773826 Partners in Health F.O.R.M.E. Medical and Rehab Centers, Inc.

163 593649652 Pasco Regional Medical Center, LLC d/b/a Pasco Regional Medical Center

164 200492277 Phoenix Emergency Medicine of Broward, LLC

commn A-7

Exhibit "e '21 of_22_.

ase 8Í11-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 25 of 27 PageID 912Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 26 of 28 PageID 885

TIN Name

165 263169744 Phoenix Emergency Physicians of Inverness

166 261075785 Phoenix Emergency Physicians of the Leesburg, LLC

167 203193795 Phoenix Emergency Physicians of the Midwest, LLC

168 200869744 Phoenix Emergency Physicians ofthe Northeast, LLC

169 202989157 Phoenix Emergency Physicians of the Southeast

170 200492167 Phoenix Physicians, LLC

171 201852902 Port Charlotte HMA, LLC, d/b/a Peace River Regional Medical Center

172 352273164 Port Orange Chiropractic

173 263827047 Precision Diagnostics ofLake Worth, LLC

174 261768737 Precision Diagnostics, Inc. dba Precision MRI

175 030515795 Premier Injury & Treatment Centers, Inc.

176 900148327 Premier Miller Orthopedic Centers, INC

177 593715125 Premier Spine and Sports Medicine Center, P.A.

178 650526360 Punta Gorda HMA, LLC, d/b/a Charlotte Regional Medical Center

179 263985067 Quantum Chiropractic, LLC

180 800627188 Rivera Family Chiropractic Center LLC

181 205024626 Rivera Family Chiropractic Center, LLC

182 650955290 Robert Hochstein, PA

183 263230620 Roberto Rivera-Morales, M.D., dba AIA Management Services

184 273142075 Rockledge HMA, LLC d/b/a Wuesthoff Medical Center - Rockledge

185 593104080 S.M.S. DO PA, d/b/a GulfCoast Medical Center

186 590634434 Sacred Heart Health System, Inc., d/b/a Sacred Heart Health System

187 272586947 Sacred Heart Hosptial on the GulfGuild Inc. d/b/a Sacred Heart on the Gulf

188 650425888 Sebastian Hospital, LLC, d/b/a Sebastian River Medical Center

ino»mo.n A-8

5xhibit "25 of_22.....

Case 8511-cv-00665-JSM-MAP Document 58 Filed 01/24/13 Page 26 of 27 PageID 913Case 8:11-cv-00665-JSM-MAP Document 57-3 Filed 01/23/13 Page 27 of 28 PageID 886

TIN Name

189 592546390 Sebring Hospital Management Associates, LLC, d/b/a Highlands Regional MedicalCenter

190 274607036 South Florida Health Group

191 830466552 South Florida Imaging & Diagnostic Center, Inc.

192 262988335 South Florida Mobile Open MRI, LLC dba Premier Diagnostic Imaging

193 010813312 South Main Pain, Inc.

194 043800423 Sports Imaging Centers, LLC d/b/a Windsor Imaging

195 200669315 St Lucie Injury Center

196 590624449 St. Vincent's Health System, Inc. d/b/a St Vincent's Medical Center

197 593650609 St. Vincent's Health System, Inc., d/b/a St Vincent's Health System

198 593097338 Stand-Up MRI Diagnostic Center, PA

199 650256103 Stand-Up MRI of Boca

200 592036608 Stand-Up MRI of Tallahassee

201 272691760 Starke HMA, LLC d/b/a Shands Starke Regional Medical Center

202 650051880 Steven M Horowitz, D.C.

203 200370302 Sunset Radiology, INC

204 591917016 Tallahassee Memorial Healthcare, Inc. d/b/a Tallahassee Memorial Hospital

205 205330679 Tampa Chiropractic Center

206 261458002 Tampa Injury Center

207 202062668 The Bay Medical Center Auxiliary, Inc. d/b/a Bay Medical Center

208 453135721 Titusville Chiropractic Center, INC

209 201852812 Venice HMA d/b/a Venice Regional Medical Center

210 451598793 Vision Diagnostic Services

211 270277066 Vision Imaging Open MRI

212 590660025 West Orange Healthcare District, d/b/a Health Central

pommu A-9

Exhibit " "26 of 2


TIN Name

213 593507481 Wynn Chiropractic, Inc.

214 593082401 Yates Chiropractic Associates

coauman A-10

Exhibit "of

delaParte&Gilbert,PA.Vivian Arenas-Battles ArroRNEYS AT IAW Patrick J. McNamaraMichael R. Bray Kristin Y. MeltonDavid M. Caldevilla Kristin K. MorrisEdward E dela Parte, Jr. Eric D. NowakRichard A. Gilbert Nicolas Q. Porter

Daniel J. McBreenMarch 1 2013 Louis A. de la Parte, Jr.

Founder (1929-2008)

By Federal Express

Mr. Thomas HallFlorida Supreme CourtClerk of CourtSupreme Court Building500 South Duval StreetTallahassee, FL 32399-1925

Re: GEICO General Insurance Company v. Virtual Imaging Servicey, Inc.,Case No. SC12-905

Dear Mr. Hall: .

This firm serves as appellate counsel to MRI Associations of St. Pete, Inc., d/b/a St. PeteMRI in the above-referenced case. Enclosed for filing are the original and 7 copies of "AmicusCuriae St. Pete MRI's Notice of Supplemental Authority."

Thank you for your attention to this matter. Please call me if you have any questions orcomments.

Sincerely,

de la PARTE & GILB RT, P.A.

avid M. Cal villa

DMC/sehEnclosures

cc: All parties of record (w/encl.; by Email)

{00357994.2 070004-18 }

101 East Kennedy Blvd., Suite 2000 Tampa, Florida 33602Mailing Address: Post Office Box 2350 Tampa, Florida 33601-2350

T: (813) 229-2775 E (813) 229-2712 www.dgfirm.com

IN THE FLORIDA SUPREME COURT THE FLORIDA SUPREME COURT GEICO GENERAL INSURANCE ... and Nancy M....

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