On April 26, 2023, Florida's Fourth District Court of Appeal reversed its holding in Allstate Fire and Casualty Ins. Co. v. Jeffrey L. Katzell, M.D., P.A., 323 So. 3d 191 (Fla. 4th DCA 2021) and certified conflict with Priority Medical Centers, LLC v. Allstate Insurance Company, 319 So. 3d 724 (Fla. 3d DCA 2021). In an en banc decision issued in Progressive Select Ins. Co. v. In House Diagnostic Services, Inc. a/a/o Darryl Frazier, Case No. 4D21-2581 (Fla. 4th DCA 2023), the Fourth District Court of Appeal re-analyzed its prior analysis regarding which amount should be used when evaluating the 2007 Medicare Part B fee schedule.
In...
