11 Fla. L. Weekly Supp. 818b
Insurance — Personal injury protection — Coverage — Lawfully rendered services — Massage therapy services were lawfully rendered despite fact that provider/assignee did not have establishment license at time services were rendered — Provider which provided massage by licensed therapist only to patients of chiropractor employed by provider is not “establishment” required by administrative rule to have establishment license — Partial summary judgment granted in favor of provider
PROGRESSIVE EXPRESS INSURANCE COMPANY, Plaintiff, vs. VILLAGE CHIRO HEALTH CENTER, INC., Defendant. VILLAGE CHIROPRACTIC HEALTH CENTER, INC., as assignee of Angelica Padovani, Counter-Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Counter-Defendant. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. 03-12101 (05). July 1, 2004. Richard D. Eade, Judge. Counsel: Matt Hellman, for Progressive. Cris E. Boyar, for Village Chiropractic.
ORDER ON DEFENDANT/COUNTER-PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
This cause, having come before the Court on Defendant/counter-plaintiff’s Motion for Partial Summary Judgment and the Court being fully advised in the premises, reviewing the affidavits and hearing argument of counsel, it is hereby:
ORDERED and ADJUDGED as follows:
1. Progressive filed a lawsuit seeking declaratory relief as to whether Progressive is obligated to pay Village Chiropractic’s massage therapy bills.
2. Village Chiropractic treated a patient who was injured in a car accident. Village submitted bills to Progressive for payment because Progressive insured the patient. Said policy of insurance included Personal Injury Protection benefits.
3. Some of the treatment rendered by Village Chiropractic included massage therapy which was rendered by Larry Fishman, LMT.
4. Progressive argues it is not responsible for payment of the massage therapy bills because Village Chiropractic was not in possession of a valid establishment license and this license would be required pursuant to Fla. Statute §480.043 in order for the services to be lawfully rendered. Village Chiropractic admits it did not have an establishment license at the time the services were rendered.
5. Village Chiropractic argues it not required to have an establishment license based on the definition of “establishment” found in Florida Administrative Code 64B7-26.001(2) because: a) it is a corporation that is a chiropractic office that employed one and only one licensed chiropractor, Dr. Peters, as the medical director and treating doctor; b) the massage was rendered by licensed massage therapist, Larry Fishman; and c) it provided massage only to Dr. Peter’s patients who would prescribe the massage therapy.
6. The Court file reflects affidavits and transcripts that reflect Dr. Peters and Larry Fishman were at all times material properly licensed.
7. The court finds Village Chiropractic, by definition, was not required to have a massage establishment license pursuant to Fla. Administrative Code Chapter 64B7-26.001(2) because it is not an “establishment” as it provided massage therapy only to the patients of Dr. Peters. Village Chiropractic is expressly excluded under the definition of an establishment.
8. Accordingly, Village Chiropractic’s Motion for Partial Summary Judgment is hereby granted as it was not required to have an establishment license at the time the services were rendered.
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